JUDGMENT

Manoj Kumar Garg, J. -This is the second application seeking suspension of sentence. The first bail application preferred by the appellant No.1-Babu @ Ishak was dismissed as not pressed vide order dated 23.03.2021.

2. Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the record of the case.

3. Learned counsel for the appellant submits that the recovered contraband is below commercial quantity. The accused-appellant is in judicial lockup since 13.03.2019 and the hearing of case will take long considerable time to be concluded. Therefore, the sentence awarded to the appellant may be suspended during the pendency of the appeal.

4. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant.

5. Accordingly, the present second application for suspension of sentence is allowed and it is ordered that the substantive sentence passed by the learned Special Judge, N.D.P.S. Act Cases, Pratapgarh, vide judgment dated 10.12.2020 in Special Sessions Case No