The main legal point established in the judgment is the court's authority to suspend sentences under Section 389 Cr.P.C. when the appellant has strong grounds for assailing the impugned judgment and has remained in custody for an extended period with no likelihood of early hearing of the appeal.

JUDGMENT

Sandeep Mehta, J. - The instant application for suspension of sentences under Section 389 Cr.P.C. has been preferred by appellant Ghuru Charan Singh S/o Sh. Balwant Singh who has been convicted and sentenced for offence under Section 08/15 of NDPS Act, vide the judgment dated 04.09.2018 passed by learned Special Judge, NDPS Act Cases (Additional Sessions Judge), Bhadra, District Hanumangarh in Sessions Case No.36/2016.

2. Learned counsel Shri Bishnoi has submitted an explanation for the observations made in the order dated 01.12.2020 wherein, this Court recorded that the apellant was granted interim bail in the year 2015 and he did not surrender back on the due date and could be rearrested on 07.07.2017. It is mentinoed in the explanation that in the intervening period, the apellant's father expired and thus, he could not surrender back in time.

3. Learned Counsel Shri Bishnoi submits that the appelant has strong grounds for assailing the impugned Judgment. He has remained in custody for a period in excess to 6 years and there is no likelihood of early hearing of the appeal. He further submits that the appellant is ready to deposit the amount of fine, if the sentences awarded to him by the trial court are suspended.

4. Learned Public Prosecutor vehemently and fervently oposed the submissions advanced by appellant's counsel.

5. I have given my thoughtful consideration to the submissions advanced at bar. From a perusal of record and more particularly the procedure of drawing samples as undertaken by the Investigating Officer, this Court is satisfied that the appellant has available to him strong grounds for assailing the impugned Judgment of conviction. 92 Kgs of poppy straw was recovered from the appellant. As per the factual report of the learned Public Prosecutor, one other case under IPC was registered against the appellant in which, he has been acquitted after trial.

6. In this background, and having regards to the facts and circumstances of the case I am inclined to suspend the sentences awarded to the appellant. Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by learned Special Judge, NDPS Act Cases (Additional Sessions Judge), Bhadra, District Hanumangarh, vide the judgment dated 04.09.2018 in Sessions Case No.36/2016 against the appellant-applicant Ghuru Charan Singh S/o Sh. Balwant Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he desposits the amount of fine and executes a personal bond in the sum of Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/- each (verified by the Tehsildar concerned) to the satisfaction of the learned trial Judge for his appearance in this court on 22.04.2021 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.

7. 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 cancellatio