Iqbal Mohd vs State of Punjab

Virender Singh, J.—Crl. Appeal No. 468-SB of 2006

Admitted.

Crl. Misc. No. 14471 of 2006

During the pendency of the appeal, the applicant-appellant is praying for suspension of substantive sentence and stay of recovery of fine.

Notice of motion.

On the asking of the Court, Mr. Ramandeep Sandhu, DAG Punjab accepts notice.

The applicant-appellant has been convicted u/s 15 of the NDPS Act and has been sentenced to undergo RI for two years and six months and to pay a fine of Rs. 10,000/-.

Recovery of fine is not stayed.

While pointing out certain infirmities in the case of the prosecution, the learned counsel for the applicant-appellant contends that the applicant- appellant was on bail during the trial. He remained in custody for some time as an under trial prisoner and is serving his substantive sentence since the date of his conviction. Then contends that substantive sentence of Gulam Sabari, co-convict of the appellant has already been suspended by this Court in Crl. Appeal No. 444-SB of 2006.

On the basis of the aforesaid submissions, learned counsel for the appellant prays for suspension of substantive sentence.

The prayer is opposed by the learned State counsel.

Keeping in view the aforesaid facts and the fact that the instant appeal is likely to take a considerable time on account of heavy pendency, the substantive sentence imposed upon the applicant-appellant is hereby suspended during the pendency of the present appeal and he is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Rupnagar on his depositing fine at the time of furnishing requisite bail bond.