Mohan Singh vs State of Punjab

R.P. Nagrath, J.—Custody certificate produced by learned State counsel is taken on record.

As per custody certificate, Mohan Singh @ Mohini applicant-appellant has already undergone more than 2 years and 8 months of imprisonment out of the total sentence of 10 years of imprisonment awarded under Section 15 of the NDPS Act out of which more than 2 years and 3 months is post conviction period.

The applicant-appellant was not arrested at the spot. It is, therefore, submitted that applicant''s case is covered under principle No. 4 laid down by this Court in Daler Singh Vs. State of Punjab, (2006) 19 CriminalCC 579 .

After hearing learned counsel for the parties and without commenting on the merits of the case, keeping in view the custody period as well as the fact that the appeal is admitted and not likely to be listed for regular hearing in the near future, I deem it appropriate to suspend the sentence of Mohan Singh @ Mohini applicant-appellant, during pendency of the appeal on furnishing bail bonds to the satisfaction of Chief Judicial Magistrate, Hoshiarpur.

Application stands disposed of accordingly.