The court applied Section 389 Cr.P.C. to suspend the sentences of the appellant-applicant during the pendency of the appeal, considering the provisions of the NDPS Act and the overall facts and circumstances of the case.

ORDER

1. The instant application for suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellant- applicant Pappu S/o Sh. Bhuwan, who has been convicted and sentenced for the offences under Sections 8/18 of the NDPS Act and Section 3/25 of the Arms Act vide the judgment dated 10.12.2021 passed by the learned Special Judge, NDPS Cases, Pratapgrah in Special Sessions Case No.22/2015.

2. Heard learned counsel for the parties and perused the material available on record.

3. As per the prosecution case, the appellant was apprehended with contraband opium weighing 1 kg 500 gms when the search was conducted by the SHO PS Hathuniya, District Bhilwara, which is below commercial quantity. He further submits the provisions of Section 37 of the NDPS Act are not applicable in the instant case. He further submits that the appellant was bail during trial and he never misused the liberty so granted to him therefore, sentence awarded to him may be suspended during pendency of the appeal.

4. In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that this is a fit case to enlarge the appellant-applicant on bail by suspending his sentences during the pendency of the appeal. Thus, the restrictions contained in Section 37 of the NDPS Act do not operate against the petitioner.

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 learned Special Judge, NDPS Cases, Pratapgrah vide judgment dated 10.12.2021 in Special Sessions Case No.22/2015 against the appellant-applicant Pappu S/o Sh. Bhuwan shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he shall furnish personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 01.03.2022 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 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(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 in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.