IA ORDER

1. By way of present application under Section 389 of the Code of Criminal Procedure, 1973, the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order of conviction in Special NDPS Judge, Jamnagar vide order dated 21.08.2018 in Special NDPS Case No. 2 of 2014, whereby, the learned Special Judge has sentenced the applicant–original accused to undergo to 10 years rigorous imprisonment and fine of Rs. 1,00,000/- and in default simple imprisonment for six months for the offence punishable under Section 20 (B) of the Narcotics Drugs and Psychotropic Substances Act.

2. Learned advocate Mr. Umang Oza for the applicant – accused submits that out of 10 years sentence, the applicant has undergone about 05 years 11 months in the jail and the applicant has been sentenced for a fixed period of 10 years. In support of her submission, learned advocate for the applicant has placed reliance upon the decision of the Hon’ble Apex Court in cases of Mossa Koya Vs. State (NCT of Delhi) reported in 2021 SCC Online 3110 and Saudan Singh Vs. State of Chhatisgarh passed in Special Leave to Appe