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Judgment
19 paragraphs · 347 wordsNandita Dubey, J
The appeal is admitted for final hearing.
Also heard on IA No.4123/2021, an application for suspension of sentence and grant of bail to the appellant.
The appellant has been convicted under Section 8 read with Section 21-B of NDPS Act and sentenced to two years' R.I.and fine of Rs.3000/-with
default stipulation in Special (NDPS) Case No.16/2019 by Special Judge,NDPS Act, Narsinghpur vide judgment dated 02.03.2021.
It is submitted by learned counsel for the appellant that out of two years' R.I., the appellant has already suffered 19 months' jail sentence. It is prayed
that looking to the present Covid-19 situation, the appeal would take considerable time to dispose of finally, hence remaining jail sentence of appellant
may be suspended and he may be released on bail.
The aforesaid fact that the appellant has already suffered jail sentence of about 19 months has not been disputed by learned PL for the State.
Considering that the appellant has completed a major part of his jail sentence and the fact that looking to the present scenario of Covid-19 pandemic,
final hearing of appeal will not be possible in near future, this application is allowed.
Remaining jail sentence of the appellant is hereby suspended and it is directed that subject to depositing the fine amount and furnishing the personal
bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the
appellant shall be released on bail with a further direction to appear before the Registry of this Court firstly on 7th February,2022 and also on such
other dates as may be fixed by the Registry in this regard during pendency of this appeal.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and learned Panel Lawyer, on their respective e-mail
addresses, for compliance. The office is also directed to forward a copy of this order to the learned Court below.
List the appeal for final hearing in due course.
Certified copy/e-copy as per rules/directions.