The court has the discretion to suspend sentences under Section 389 Cr.P.C. during the pendency of an appeal, considering the facts and circumstances of the case.

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentences.

2. The applicant-appellant herein has been convicted for the offences under Sections 8/20 and 8/22 of the NDPS Act vide judgment dated 11.12.2019 passed by the learned Special Judge NDPS Act Cases, Udaipur in Special Sessions Case No.406/2011 and has been sentenced to maximum imprisonment of two years' RI.

3. The appellant-applicant is a 62 years old man and was on bail during trial. As per the judgment rendered by the trial court, the appellant does not seem to have any criminal antecedents. He has been sentenced to two years RI on the count of offences under Sections 8/20 and 8/22 of the NDPS Act with the allegation that he was found in possession of 2.88 Kgs. Ganja, which is well below the commercial quantity. Hearing of the appeal is likely to consume time.

4. In this background and having regard to the entirety of facts and circumstances as emerging from record, without commenting on the merits of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused-appellant during pendency of the instant appeal.

5. Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Act Cases, Udaipur vide judgment dated 11.12.2019 in Special Sessions Case No.406/2011against the appellant-applicant Nirmal Kumar shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.80,000/- with two sureties of Rs.40,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.01.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

6. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.