ORDER :

1. The instant 3rd application for suspension of sentence is preferred by the appellant-applicant accused Ibrahim son of Munna Khan (hereinafter referred to ‘the appellant’) in pending appeal aggrieved from judgment of conviction and sentence dated 30.09.2021 in Sessions Case No.10/2017 passed by learned Special Judge, NDPS Act Cases, Jhalawar, whereby appellant was convicted for offence under Sections 8/21(b) of NDPS Act and sentenced to undergo imprisonment of five years with fine.

2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution.

3. Learned counsel for the appellant submits that the appellant was charged for possession of 10 gm 43 mg heroin (smack) and he was ultimately convicted under Section 8/21(b) of the NDPS Act and further sentenced to undergo rigorous imprisonment of five years. He also submits that the present petitioner is in custody since 01.10.2021 and prior to 01.10.2021, the appellant remained in custody for three months. He also submits that the appellant has almost undergone 90% of the sentence awarded by the trial Court. He also submits that out of fifteen criminal cases registered against the appellant, three were disposed as per police report and fourth one was disposed on 01.08.2025. He has further referred the material on record and submitted that aged mother of petitioner has engaged him and she is not in a position to get copies of remaining cases. He further submits that other cases were registered way before the digitization of the Courts and online status of other cases is not available. At last, he submits that there is no likelihood of consideration of appeal on merits.

4. Aforesaid contentions were opposed by learned Public Prosecutor.

5. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record.

6. First suspension of sentence application of the present appellant accused was dismissed as withdrawn on 02.05.2023 whereas second suspension of sentence application was dismissed on 21.03.2024 only on the ground that fifteen criminal cases were registered against the appellant and out of which six were related to the NDPS Act. The material on record indicate that the petitioner was convicted on 30.09.2021 and was awarded sentence of five years and was taken in custody and sent to serve sentence. As per custody certificate lastly placed on record, the appellant accused has undergone 2 years 5 months and 25 days, as on 03.01.2024, thus adding 2 years and 2 months subsequent to the issuance of custody certificate, the period of custody is approximately 4 years and 8 months. The period of custody clearly indicate that the appellant has already served approximately 85% of the sentence awarded to him.

7. In re policy strategy of grant of bail SMWP (Criminal) No.04/2021 (order dated 08.05.2025) while considering the judgments in case of Bhagwam Rama Shinde Gosai And Ors vs State Of Gujarat (1999) 4 SCC 421, NCB Vs. Lakhwinder Singh 2025 SCC Online SC 366 and Atul vs The State Of Madhya Pradesh (2024) 3 SCC 363 Hon’ble Supreme Court has observed that when there is a fixed period of sentence, normally the power of suspension of sentence under Section 389 Cr.P.C. should be exercised liberally, unless there are exceptional circumstances brought on record.

8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The instant 3rd SOS application under Section 430 B.N.S.S. is allowed and sentence of appellant accused- Ibrahim son of Munna Khan, is suspended