Jodha Ram vs State of Punjab

S.S. Saron, J.—Heard learned Counsel for the parties.

The Appellant-applicant has been convicted by the learned Special Judge, Sangrur for the offences under Sections 15 and 18 of the NDPS Act. He was found in possession of 51/2 Kgs. of poppy husk; besides, 800 Grams of opium. In terms of the impugned order he has been sentenced to undergo rigorous imprisonment for three months; besides, to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo rigorous imprisonment for 15 days for the offence u/s 15 of the NDPS Act. He has also been sentenced to undergo imprisonment for one year; besides, to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo rigorous imprisonment for two months for the offence u/s 18 of the NDPS Act. The sentences of imprisonment were ordered to run concurrently. The total sentence, therefore, is one year.

The applicant-Appellant has undergone imprisonment for 21/2 months. The appeal is not likely to mature for hearing in the near future. There are arguable points in the appeal which would require consideration. The applicant-Appellant was on bail during trial of the case and he has not misused the concession of bail during trial.

Learned Counsel for the State has submitted that the applicant-Appellant is resident of U.P. and in case he is granted the concession of bail, he is likely to abscond.

Learned Counsel for the applicant-Appellant submits that the applicant-Appellant shall furnish local surety. It has come on record that the applicant-Appellant is 70 years old.

In the facts and circumstances, the sentence of imprisonment of the applicant-Appellant on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Sangrur during the pendency of the appeal shall remain suspended.

The criminal miscellaneous application stands disposed of.