Suspension of sentence granted due to similarity with co-accused cases and potential delays in appeal.

Order :

1. Heard.

2. Admit. Issue Notice.

3. Learned Public Prosecutor accepts notice on behalf of respondent - State.

4. Call for record.

5. Heard on application for suspension of sentence.

6. Learned counsel for the appellant(s) submits that sentence of similar situated co-accused Badiya and Babu has already been suspended by this Court and they have already been enlarged on bail. Counsel further submits that the case of the present appellant(s) is not distinguishable from that of the co-accused persons and hearing of the appeal is likely to take time, therefore, it is prayed that sentence awarded to the accused appellant(s) may kindly be suspended.

7. Upon a consideration of the arguments advanced by the appellant(s) and having regard to the facts and circumstances of the case including the fact that hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant(s).

8. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. [Section 430 BNSS] is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Act Cases, District Pratapgarh vide judgment dated 11.03.2025 in Sessions Case No.07/2017 against the appellant- applicant(s) – 1. Smt. Vagu W/o Shri Toliya Usniya and 2. Smt. Mathura W/o Shri Babu Bariya shall remain suspended till final disposal of the appeal and he/she/they shall be released on bail provided he/she/they 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/her/their appearance in this court on 22.04.2025 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 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, 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) 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) do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.