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, he shall be entitled to bail if he has already un#31;dergone a total sentence of four years, which must include at least fifteen months' after conviction.

(iii) Where the convict is sentenced for ten years for having in his conscious possession, merely marginally more than non-commer#31;cial quantity, as classified in the table, he shall be entitled to bail if he has already un#31;dergone a total sentence of three years, which must include at least twelve months after conviction."

5. In the instant case, the applicant-appellant was allegedly found in possession of 65 kilograms of poppy husk. The question for determination is as to whether the same would be the quantity mar#31;ginally more than the non-commercial quantity, which is up to 50 kilograms of poppy husk. In the case of Kulwant Singh @ Kanta (supra), the quantity of poppy husk allegedly recovered from convict of that case was 70 kilograms. He was re- leased on bail during pendency of his appeal un#31;der clause (iii) of paragraph 29 of the judgment in the case of Daler Singh (supra). In the instant case, applicant-appellant was allegedly found in possession of 65 kilograms poppy husk. He satis#31;fies the requirements of of paragraph 29 of judg#31;ment in the case of Daler Singh (supra).

6. In view of the aforesaid, the instant application is allowed, without meaning to comment any#31;thing on merits of the appeal. Sentence of the ap#31;plicant-appellant shall remain suspended during pendency of appeal and he shall be released on bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Jalandhar.

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