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Judgment
11 paragraphs · 279 wordsVishal Dhagat, J
Heard on admission.
Appeal is admitted for hearing.
Appellant has filed I.A. No. 5718/2024, an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.
Appellant has been convicted under Section 8 r/w 21(B) of N.D.P.S. Act and sentenced to undergo R.I. for 1 year and 6 months with fine of Rs.5,000/-, with default stipulations.
5 . I t is submitted by learned counsel for the appellant that short term fixed sentence has been imposed upon the appellant. Offence is not very serious in nature. There is no likelihood of hearing of appeal in future. Looking to the fixed short term of sentence, application may be allowed and sentence of appellant may be suspended.
Learned Govt. Advocate appearing for the respondent/State opposed the application for suspension of sentence.
Heard the counsel for the parties.
Looking to the fact that applicant is sentenced to short fixed term sentence, I.A. for suspension of sentence is allowed. It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal subject to depositing fine amount, if already not deposited, and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 13.05.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.
List this appeal for final hearing in due course.
C.C. as per rules.