Makhan Singh vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this application is for suspension of sentence of the applicant/appellant, namely, Makhan Singh, who was held guilty for the offences punishable u/s 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act") and was awarded rigorous imprisonment for 10 years besides payment of fine of Rs. 1, 00, 000/-. The recovery of fine was stayed at the time of admission of the appeal vide order dated 09.02.2010. The custody certificate produced by learned counsel for the State today in the Court is taken on record. Perusal of the same reveals that the applicant has undergone imprisonment of 04 years, 08 months and 06 days as on 07.05.2012.

Learned counsel for the applicant submits that the applicant has earlier moved Criminal Misc. No. 45492 of 2011 which was disposed of on 09.02.2011 with the following observations:

In the opinion of this Court, attempt should be made to decide the appeal itself at the first instance. Therefore, I direct let appeal itself be listed for final hearing in the month of February, 2012. Lower court record be summoned. If appeal is not decided within next one month from the date of listing for no fault of the counsel for the appellant, application seeking bail shall be considered at its own merit in accordance with law.

Learned counsel for the applicant contends that the case of the applicant/appellant is covered by the ratio of law laid down by a Division Bench of this Court in Daler Singh vs. State of Punjab, 2007(1) RCR (Crl.) 316. He further contends that though, the appeal is on regular board but the same is not likely to be heard soon in view of the heavy roster. He further submits that the applicant is neither required nor involved in any other case for violation of the provisions of the NDPS Act. He further submits that in case the sentence of the applicant is not ordered to be suspended, in that eventuality, the very purpose of filing the appeal would be frustrated.

Learned counsel for the State has not controverted the assertion made by learned counsel for the applicant with regard to the fact that the case of the applicant is covered by the ratio of law laid down by a Division Bench of this Court in Daler Singh''s case (supra).

Heard. Keeping in view the facts that the case of the applicant/appellant is covered by the ratio of law laid down in Daler Singh''s case (supra) and there are arguable points in the appeal, and that the appeal is not likely to be heard in near future, the present application is allowed. The substantive sentence of applicant/appellant-Makhan Singh, S/o Hakam Singh, R/o Village Guddu Kalan, P.S. Boha, District Mansa, is ordered to be suspended during the pendency of the appeal subject to his furnishing bail bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Ludhiana.