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2013 Supreme(P&H) 1506

L.N.MITTAL
Shinda – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Applicant-Appellant:- Mr. Ashok Girt, Advocate.
For the Respondent:- Mr. Gaurav Garg Dhuriwala, DAG, Punjab.

1. This is application by convict appellant Shinda for suspension of his sentence and release on bail during pendency of appeal.

I have heard counsel for the parties and perused the case file.

2. Counsel for the applicant-appellant contended that case of the applicant-appellant for suspen#31;sion of sentence and release on bail is covered by clause (iii) of paragraph 29 of Division Bench judgment of this Court in the case of Daler Singh v. State of Punjab reported as 2007(1) RCR (Crl) 316. Counsel for the applicant-appellant has relied on unreported order dated 23.02.2012 of this Court in the case of Kulwant Singh @ Kanta v. State of Punjab passed in Crl. Misc. No. 48744 of 2011 in CRA-S No. 824-SB of 2010.

3. On the other hand, learned State counsel con#31;tended that case of the applicant-appellant, falls under clause (ii) of paragraph 29 of the said judg#31;ment, and therefore, applicant-appellant is not entitled to release on bail.

4. Clauses (ii) and (iii) of paragraph 29 of judg#31;ment in the case of Daler Singh (supra) are repro#31;duced hereunder :-

"(ii) Where the convict is sentenced for ten years for having in his conscious possession commercial quantity of the contraband, h




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