Balu Bheel @APPELLANT@Hash Cbn Through Spl.pp

This is second application for suspension of sentence under Section 389 Cr.P.C. laid by the appellant.

Heard learned counsel for the appellant as well as learned Special Public Prosecutor.

It is submitted by learned counsel that contraband (opium) recovered in the matter was 2.200 kgs. which is less than commercial quantity. Learned

counsel has further argued that learned trial Court, while convicting appellant for offence under Section 8/18(c) and 19 of the NDPS Act, has handed

down maximum sentence of six years’ rigorous imprisonment with fine of Rs.60,000/-and in default of payment of fine to undergo sentence for

further period of one year. Learned counsel would urge that during trial appellant was on bail but from date of conviction he is in custody and,

therefore, considering the quantity of contraband recovered in the matter, rigor of Section 37 of the NDPS Act is not attracted.

Per contra, Mr. Rai, learned Spl. P.P. has vehemently opposed the application for suspension of sentence. It is submitted by Mr. Rai that drug

trafficking is a menace to the Society and the fact that appellant is indicted for such a serious offence, application for suspension of sentence merits

outright rejection.

I have bestowed my consideration to the arguments advanced at the Bar.

Having regard to the facts and circumstances of the case and taking into account a very vital fact that during trial appellant was on bail and the

contraband recovered in the matter is below commercial quantity, I feel persuaded to accept this second application for suspension of sentence.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by

learned Special Judge, NDPS Cases No.1, Chittorgarh vide judgment dated 23.02.2018 in Sessions Case No.32/2008 against the appellant-applicant,

Balu Bheel S/o Varda, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a

personal bond in the sum of Rs.50,000/- with two sureties of like amount to the satisfaction of the learned trial Judge for his appearance in this court

on 04.09.2018 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he will appear before the trial Court in themonth of January of every year till the appeal is decided.

That if the applicant changes the place ofresidence, he will give in writing his changed address to the trial Court as well as to the counsel in the

High Court.

Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case

related to original case in which the accusedapplicant was tried and convicted. A copy of this order shall also be placed in that file for ready

reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial Court. In

case the said accused applicant does not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation

of bail.