The court has the discretion to suspend the substantive sentence under Sec. 389 Cr.P.C. considering the totality of facts and circumstances, including the custody period and the anticipated delay in the appeal hearing.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the parties on suspension of sentence application.

2. Learned counsel for the applicant-appellant has submitted that the applicant-appellant was convicted for the offences punishable under NDPS act and sentenced for 10 years of rigorous imprisonment vide impugned judgment. It is submitted that out of total sentence, the applicant-appellant has already undergone 41/2 yeas of sentence. It is also submitted that there is no possibility of hearing of the appeal in near future.

3. Having considered the totality of facts and circumstances of the case, taking into consideration the custody period of the accused applicant-appellant and in view of the fact that the hearing of the appeal will take time, I consider it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

4. accordingly, this suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 31.07.2019 in Sessions Case No.9/2018 against applicant-appellant - amandeep Singh @ Mota S/o Kaku shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 06.06.2022 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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

2. That if the applicant-appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

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

5. The learned trial Court shall keep the record of attendance of the accused applicant-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused applicant-appellant was 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.