The court established that in cases involving possession of narcotics below commercial quantity, the suspension of sentence may be granted, especially when the accused has been compliant with bail conditions during trial.

ORDER

1. Heard learned counsel for the appellant as well as learned Public Prosecutor. Perused the record.

2. Admit. Issue notice.

3. Learned Public Prosecutor accepts notice, hence, notice need not be issued.

4. Heard learned counsel for the appellant/petitioner and learned Public Prosecutor on application for suspension of sentence (SoS No. 759/2021).

5. Learned counsel for the appellant/petitioner stated that the accused-petitioner was convicted for the offence punishable under Section 8/18 of the NDPS Act by the learned Special Judge, NDPS Cases, Pratapgarh, Rajasthan in Special Sessions Case No. 38/2021 vide judgment dated 11.11.2021 with a fine ofRs.20,000/-; that in the present case, as per prosecution, 450 grams of opium have been recovered which is below commercial quantity; that during the trial of the case, the accused-petitioner was on bail; that hearing of the appeal will take time, therefore, sentences awarded to the accused-petitioner may kindly be suspended till final disposal of the appeal.

6. Per contra, learned Public Prosecutor has opposed the prayer for suspending the sentences awarded to the accused-petitioner but he does not controvert the facts that the recovered quantity of the contraband in question is below commercial quantity and the accused-petitioner was on bail during trial as per record.

7. Upon a consideration of the arguments advanced on behalf of the petitioner 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 sentences awarded to the accused-petitioner.

8. Accordingly, the application for suspension of sentence (SoS No. 759/2021) filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Cases, Pratapgarh, Rajasthan vide judgment dated 11.11.2021 in Special Sessions Case No. 38/2021 against the petitioner-applicant Rakesh S/o Rameshwar Rawal, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs. 1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of the learned Trial Judge for his appearance in this Court on 17.01.2022 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.

9. 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.