1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 28.08.2024 passed by the learned Special Judge, NDPS Act Cases, Bhilwara in Sessions Case No.19/2023 whereby he was convicted and sentenced to suffer ten years’ RI along with a fine of Rs.1,00,000/- under Section 8/15 of NDPS Act and acquitted for the offence under Section 8/25 of NDPS Act.

2. It is contended by the learned counsel for the appellant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. The appellant was on bail during trial and did not misuse the liberty so granted to him; hearing of is likely to take long time, therefore, the application for suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently opposed the prayer made by learned counsel for the accused- applicant for releasing the appellant on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the material available on record.

5. The learned trial Court has acquitted the appellant from charge under Section 8 read with 25 of the NDPS Act. Detailed reasonings have been given in Para No.55 of the judgment under assail regarding the appellant having no knowledge about the transportation of contraband in his vehicle of which he was a registered owner. The learned trial Court has convicted him for the offence under Section 15 of the NDPS Act, however, the fact remains that when the vehicle was intercepted and recovery was made on 29.08.2022, no one could be apprehended at the spot. The Agency claims that the culprits have made their escape good after seeing the police. No one could identify the accused who fled away from the crime scene. How the applicant-appellant was connected with the transportation of the contraband and how the fact could be established that he was having exclusive and conscious possession of the contraband, would be a serious question to moot in the appeal which is not going to be heard in a near future owing to the large pendency of cases. In the given circumstances, the fetter of 32 and 37 would not come in the way while granting bail. I do not deem it appropriate to allow his further incarceration.

6. In view of the above, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused- appellant.

7. 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 trial court, the details of which are provided in the first para of this order, against the appellant- applicant named above 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.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 23.05.2025 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."

8. 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.