Suspension of sentence is justified when the contraband is below commercial quantity and the appellant was on bail during trial.

Order :

1. Heard learned counsel for the appellant and learned Additional Advocate General. Perused the material available on record.

2. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that recovered contraband is below commercial quantity and the appellant was on bail during the trial and 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.

3. Learned Additional Advocate General has opposed the prayer made by the counsel for the appellant.

4. Accordingly, the application for suspension of sentence filed under Section 430 (2) B.N.S.S. (389 of Cr.P.C .) is allowed and it is ordered that the sentence passed by learned Special Judge, N.D.P.S. Act Cases, Sriganganagar, vide judgment dated 21.02.2025 in Special Sessions Case No.37/2019 against the appellant-applicant– Arvind Kumar @ Sukha S/o Vedprakash Bishnoi, 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.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 24.04.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he 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 will give in writing her 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.

5. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.