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 bai