1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 01.08.2023 passed by the learned Special Judge, NDPS Cases, Sanchore, District Jalore in Sessions Case No.40/2022 (11/2016) whereby he was convicted and sentenced to suffer ten years’ rigorous along with fines of Rs.2,00,000/- each under Section 8/18 as well as under Section 8/25 of NDPS Act

2. It is contended on behalf of the applicant 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. He further submits that the accused has already undergone almost eight years out of the total sentence of ten years awarded to him.

He places reliance on the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation & Ors. reported in AIR 2022 SC 3386 [LQ/SC/2022/823 ;] wherein it was held vide order dated 15.11.2021 that looking to the prolonged custody period of the petitioner, bail shall be granted to him in the matter. He further submits that the accused appellant was on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal 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 on behalf of 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. Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly, the prolonged custody period of the accused-appellant and the fact that he was on bail during the course of trial as well as the hearing of the appeal is not a seeming fate in the near future and if the sentence is served during pendency of the appeal, the very purpose of filing of the same would be frustrated.

6. Considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accusedappellant.

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 Special Judge, NDPS Cases, Sanchore, District Jalore who passed the impugned order 01.08.2023 in Sessions Case No.40/2022 (11/2016) against the appellantapplicant- Veera Ram S/o Bhagchand 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 30.11.2023 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 addresses, 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 accusedapplicant 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.