1. - The appellant, having been convicted for offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act was sentenced to 10 years' rigorous imprisonment with imposition of fine of Rs. 1,00,000/- and with the direction that he would further undergo 2 years' imprisonment for non-payment of fine by the judgment and order dated 13.9.2005 as passed by the Special Judge, N.D.P.S. Cases, Udaipur in Sessions Case No. 159/2003.

2. The jail appeal sent by the appellant bearing No. 749/2005 was admitted for consideration by this Court on 21.10.2005. However, the first application for suspension of sentence as moved on behalf of the appellant was dismissed as not pressed on 1.2.2007. The appeal has thereafter, remained pending for hearing, and the appellant has now moved this second bail application for suspension of sentence after quite some time.

3. It is submitted on behalf of the appellant that he has already suffered imprisonment for over 6 years inasmuch as he is in custody since 9.6.2003 and when the appeal is not likely to come up for hearing in near future, as per decision in the case of Man Singh v. Union of India, (2006) 1 SCC (Cri.) 279 , the executio