Order

Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Special Judge, N.D.P.S. Cases, Jaipur Metropolitan-I (Raj.) vide its judgment dated 07.03.2026 in Sessions Case No. (NDPS Case): 11/2019, whereby the applicant- appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of two years rigorous imprisonment with fine.

Learned counsel for the applicant–appellant submits that the applicant remained in custody for a certain period during the course of trial and was subsequently enlarged on bail and, presently, he is behind the bars. Counsel further submits that the age of the appellant is 72 years and the quantity of the alleged contraband recovered from the appellant is below the commercial quantity and the mandatory provisions have not been complied with. Counsel further submits that the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal.

Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

Heard learned counsel for the parties and perused the material made available on record.

Taking into consideration the conviction, term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Mahal Singh Son Of Sundar Singh, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 19.05.2026 and thereafter, as and when he is called upon to do so.