Joginder Singh and Another vs State of Punjab

Surya Kant, J.—The prayer in this application is for suspension of sentence awarded to applicant/appellant No.1, namely, Joginder Singh s/o Chand who has been convicted under Sections 20 of the NDPS Act and sentenced to undergo RI for 10 years.

As per the custody certificate dated 12.11.2011 filed by Surinder Singh, Superintendent Central Jail, Jalandhar, applicant/appellant No.1 has undergone the actual sentence of 04-years 11-days as on 11.11.2011 which includes the post-conviction period of 02-years 09-months 09-days. No other case(s) under the NDPS Act and/or otherwise is reported to be registered or pending against applicant/appellant No.1.

Learned counsel for applicant/appellant No.1 submits that the case of the present applicant/appellant is squarely covered by the parameters laid down by the Division Bench of this Court in re Daler Singh v. State of Punjab, 2007 (1) RCR (Crl.) 316, This fact has not been disputed by the learned State counsel.

The appeal is likely to take more time for its final disposal.

Following the guidelines laid down in Daler Singh''s case (supra), the present application is allowed and applicant/appellant No.1, Joginder Singh s/o Chand is directed to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of CJM Jalandhar.

Disposed of accordingly.