The court established that under Section 389 Cr.P.C., a convicted individual may be granted bail pending appeal if the circumstances, including the nature of the offense and prior convictions, support such a decision.

JUDGMENT

Sandeep Mehta, J. - This second application for suspension of sentences under Section 389 Cr.P.C. has been preferred on behalf of the appellantapplicant Gopal S/o Shri Gautam who has been convicted and sentenced for the offence under Section 8/18 of the NDPS Act by learned Special Judge, NDPS Case, Banswara vide judgment dated 09.03.2021 passed in NDPS Case No.03/2012.

2. Heard learned counsel for the appellant-application, learned Public Prosecutor and perused the material available on record.

3. The first application for suspension of sentences was dismissed as withdrawn because the details of the previous cases registered against the appellant were not available with his counsel. A certified copy of the judgment dated 19.11.2003 has been placed on record as per which, the appellant was found in possession of 100 grams brown-sugar in the year 2001 and after the trial, he was sentenced to one year s imprisonment whereas he had served the actual sentence of nearly one year and nine months. In the present case, 280 grams of contraband opium was recovered which is well below the commercial quantity. The sentences awarded to the co-accused have been suspended by this Court.

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 Gopal on bail by suspending his sentences during the pendency of the appeal. 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 Case, Banswara vide judgment dated 09.03.2021 in NDPS Case No.03/2012 (CIS No.12/2014) against the appellantapplicant Gopal S/o Shri Gautam 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.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 06.09.2021 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.

5. 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.