P.K. Lohra, J.

Applicant-Appellants have laid two separate applications under Section 389, Cr.P.C. for seeking suspension of sentence handed down by Special Judge, NDPS Cases, Pratapgarh (for short, 'learned trial Court') in Special Case No.23/2013 by the impugned judgment dated 04.01.2017. Learned trial Court, by the impugned judgment, has convicted applicant-appellants Samrath and Kanheyalal for offence under Section 8/15 of the NDPS Act whereas applicant-appellant Mohal Lal is convicted for offence under Section 8 read with Section 25 of the NDPS Act besides offence under Section 8 read with Section 15 of the NDPS Act. The maximum sentence awarded to all the applicants is fifteen years' rigorous imprisonment besides fine.

2. Pressing these applications for suspension of sentence, it is argued by learned counsels for the applicant-appellants that during trial all the applicants were in custody and by now all of them have remained in custody for more than five years. It is also argued by learned counsels that final hearing of the appeals is likely to take considerable time and therefore their applications for suspension of sentence merit favourable consideration solely on