IMPORTANT POINT
The quantity of the narcotic substance recovered from the applicant's possession and the impact of drug-related offences on society influenced the court's decision to deny bail.

JUDGMENT :

Rakesh Kainthla, J.

Cr. MP No.4147 of 2023

The applicant/appellant has filed the present application for seeking suspension of the sentence imposed by the learned Trial Court. It has been asserted that the applicant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 50,000/- and in default of payment of the fine to undergo rigorous imprisonment for six months for the commission of offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances (in short ‘NDPS Act’). There are good arguable points in the appeal and the appeal is likely to succeed. The learned Trial Court has committed various irregularities and illegalities and the findings recorded by the learned Trial Court are liable to be set aside. The appeal is likely to take some time for its disposal and in case, the sentence awarded by the learned Trial Court is not suspended, the very purpose of filing the appeal would be defeated. The applicant has already spent two months in judicial custody. He was enlarged on bail by the learned Trial Court. He did not misuse the liberty granted to him; hence, the present application.

2. The application is opposed by filing a reply asserting that 340 grams of cannabis was recovered from the possession of the applicant. The charge sheet was presented against the applicant in the Court of learned Special Judge, Mandi. The learned Special Judge, Sundernagar convicted the applicant and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs.50,000/- and in default of payment of the fine to undergo rigorous imprisonment for six months. The applicant remained under police custody w.e.f. 23.01.2016 till 27.01.2016 and judicial custody from 27.01.2016 till 24.02.2016. He was sent to Central Jail, Nahan and is presently lodged in Central Jail, Nahan. The applicant has committed an offence of a serious nature and he was rightly convicted by the learned Trial Court. There is no infirmity in the judgment and order passed by the learned Trial Court. There is every likelihood of the commission of a similar offence by the applicant, in case of suspension of his sentence. Therefore, it was prayed that the present application be dismissed.

3. I have heard Mr. Sunil Kumar Banyal, learned counsel for the applicant/appellant and Mr. Prashant Sen, learned Deputy Advocate General for the non-applicant/respondent/State.

4. Mr. Sunil Kumar Banyal, learned counsel for the applicant/appellant submitted that the applicant was on bail throughout the trial and he had not misused the liberty extended to him. There are various infirmities in the prosecution case hence, he prayed that the present application be allowed and the applicant be released on bail.

5. Mr Prashant Sen, learned Deputy Advocate General for the non-applicant/respondent/State submitted that the learned Trial Court had rightly considered the evidence on record and there is no infirmity in the judgment and order passed by the learned Trial Court. The mere fact that the applicant was on bail throughout the trial is not sufficient to grant bail under Section 389 of Cr.P.C. during the appeal. The offences proved against the applicant are heinous and adversely affect the society at large; hence, he prayed that the present application be dismissed.

6. I have given considerable thought to the submissions at the bar and have gone through the records carefully.

7. It was laid down by the Hon’ble Supreme Court in Omprakash Sahni v. Jai Shankar Chaudhary, (2023) 6 SCC 123: 2023 SCC OnLine SC 551 that the Court should consider the gravity of the offence while considering an application for bail under Section 389 of Cr. P.C. The Courts should not release a person on bail merely because he was on bail throughout the trial and had not misused the concession of liberty granted to him. It was observed:

“21. Suspension conveys postponement or temporarily preventing a state of affairs from continuing. According to Black's Law D