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Judgment
10 paragraphs · 280 wordsHeard on admission.
Admit.
Registry is directed to call for the record.
Appellant has filed I.A.No.9105/2020 under Section 389(1) of Cr.P.C. for suspension of jail sentence against the judgment and finding dated 23.07.2020.
Appellant has been convicted and sentenced to suffer R.I. for 3 years with fine of Rs.5,000/- for offence punishable under Section 20 of NDPS Act, with default stipulations.
It is submitted by the learned counsel appearing for the appellant that 4 Kg. 700 grams Ganja has been seized from the appellant. He is in jail for last four months. Total sentence of 3 years and fine of Rs.5000/- has been imposed upon him. Counsel for the appellant prayed for suspension of sentence and grant of bail to the appellant.
Learned counsel appearing for the State opposed the application for suspension of sentence and it is submitted by him that offence is said to have been committed under NDPS Act.
Looking to the quantity of Ganja seized from the appellant and the fact that he is in jail for last four months and also considering the thread of Covid pandemic, application for suspension of sentence is allowed and sentence dated 23.07.2020 passed in Case No. 09/2014 is suspended till pendency of Criminal Appeal.
It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court, appellant be released on bail with a further direction that he shall appear before the Registry on 22.12.2020 and on other dates as may be fixed by the office in this regard till final disposal of this appeal.
C.C. as per rules.