The court established that the suspension of a sentence can be granted when the accused has been in custody for a significant period and the nature of the offense does not involve a commercial quantity of contraband.

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.17/2019 against the appellant-applicant Babu @ Ishak S/o Sh. Allahrakh, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to deposit the fine amount as imposed by the learned trial Court, provided he executes a 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 20.10.2021 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.

4. Appellant shall deposit the fine amount as imposed by the learned 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.