Manpreet Singh @APPELLANT@Hash State of Rajasthan & Ors.

Heard on application for suspension of sentence.

It is submitted by Mr. Kamaljeet Singh that during trial appellant was on bail. It is also submitted that contraband (opium) recovered in the matter is

below commercial quantity and therefore learned trial Court has convicted appellant for offence under Section 8 read with Section 15(b) of the NDPS

Act and awarded maximum sentence of six years’ rigorous imprisonment with fine of Rs.50,000/-. It is also submitted that during trial appellant

remained in custody for more than two months and since judgment of the appellate Court he is in custody, therefore, in the backdrop of facts and

circumstances of the case, sentence awarded to him be suspended. Lastly, it is submitted that besides

the instant case there is no other criminal antecedent of the appellant showing his involvement in any offence under the NDPS Act.

Learned Public Prosecutor has opposed the application for suspension of sentence in general.

Having considered the submissions made at Bar, I feel persuaded to accept this application for suspension of sentence.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by

learned Special Judge, NDPS Cases No.2, Chittorgarh, vide judgment dated 17.04.2018, in Sessions Case No.200/2014 (119/2011) against appellant-

applicant, Manpreet Singh S/o Manjeet Singh Luhar, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail,

provided he executes a personal bond in the sum of Rs.1,00,000/with two sureties of like amount including one local surety to the satisfaction of the

learned trial Judge for his appearance in this Court on 02.07.2018 and whenever ordered to do so till disposal of the appeal, on the conditions indicated

below:-

That he will appear before the trial Court in themonth of January every year till the appeal is decided.

That if the applicant changes the place ofresidence, he will give in writing his changed address to the trial Court as well as to the counsel in the

High Court.

Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of accused-applicant in a separate file. Such file be registered as Criminal Misc. Case

related to original case in which the accusedapplicant was tried and convicted. A copy of this order shall also be placed in that file for ready

reference. Criminal Misc. file shall not be taken into account for statistical purposes relating to pendency and disposal of cases in the trial Court. In

case the said accused applicant does not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation

of bail.