1. This is third application for suspension of sentences filed on behalf of the appellant-applicant Kamlesh @ Komal Garg S/o Shri Shankar Lal Garg, who has been convicted and sentenced by learned Special Judge, NDPS Cases No.2, Chittorgarh vide judgment dated 15.10.2016 passed in Sessions Case No.146/2014 (41/2013) as follows:-
| Offence Under Section | Imprisonment | Fine | Sentence in default of fine |
| 8/21 of the NDPS Act | 14 years’ RI | Rs.1,40,000/- | 1 year’s RI |
2. Learned Public Prosecutor has chosen not to file reply to the application for suspension of sentence and proposed to argue the matter orally.
3. Heard learned counsel for the appellant-application, learned Public Prosecutor and perused the material available on record.
4. Learned Public Prosecutor has placed on record the appellant’s criminal antecedent report which indicates that no other case has been registered against the appellant other than the present one in which he has been convicted and sentenced as above.
5. As per the custody certificate placed on record, by now, the appellant had suffered eight years’ imprisonment. After going through the order-sheets of the appeal, it is apparent that there is not even a reasonable chance of the appeal being decided in near future. Thus, this Court is of the opinion that keeping in view the prolonged custodial period suffered by the appellant, and the bleak chances of the disposal of the appeal, in any reasonable period of time, the appellant deserves indulgence of bail during pendency of appeal.
6. Accordingly, the instant third application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Cases No.2, District Chittorgarh vide judgment dated 15.10.2016 passed in Sessions Case No.146/2014 (41/2013) against the appellant-applicant Kamlesh @ Komal Garg S/o Shri Shankar Lal Garg 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 Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 11.02.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
7. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant 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 purpose 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.
