Bardi Chand @APPELLANT@Hash C.N.B

Heard learned counsel for the parties on S.B. Criminal Suspension of Sentence Application No.1100/2018.

Learned counsel for the appellant has submitted that appellant was convicted for the offence punishable under Section 8/18-B of the NDPS Act, 1985

and the maximum sentence awarded to the appellant is of 10 years. It is submitted that appellant has already undergone more than half of the

sentence (nine years, seven months and 21 days) and hearing of the appeal is likely to take time, therefore, sentence awarded by the trial court be

suspended. Learned counsel for the appellant while placing reliance on the decisions of Hon’ble Supreme Court in Thana Singh vs. Central

Bureau of Narcotics reported in (2013) 2 SCC 603 and Mayuresh Nandkumar Purohit vs. Kaushik Manna & Anr. reported in 2018 Cr.L.R. (SC) 251

and has argued that the Hon’ble Supreme Court has ordered for suspension of sentence of the persons convicted under the various provisions of

NDPS Act on completion of half of their sentence.

Per contra, learned counsel for the respondent- Mr. N.K. Rai, appearing for CBN has opposed the prayer of the appellant.

Having heard the learned counsel for the parties, this Court is of the opinion that the appeal preferred by the appellant against the impugned judgment

is not likely to be heard in near future and as the petitioner has already undergone half of the sentence, this application for suspension of sentence filed

by the appellant deserves to be allowed in view of the judgment of the Hon’ble Supreme Court in Thana Singh vs. Central Bureau of Narcotics

(supra) and Mayuresh Nandkumar Purohit vs. Kaushik Manna & Anr. (supra).

Having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the

accused appellant. Accordingly, S.B. Criminal Suspension of Sentence Application No.1100/2018 filed under Sec.389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court vide judgment dated 28.06.2013 in Sessions Case No.26/2009 against appellant Bardi

Chand S/o Amra Ji shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.1,00,000/-

with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 12.11.2018 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 the month of January of every year till the appeal is decided.

That if the appellant changes the place of residence, 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, 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-appellant in a separate file. Such file be registered as Criminal Misc. Case

related to original case in which the accused-appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of

bail.