CHRISTOPHER CHIBUIKE Vs. STATE

JUDGEMENT

(1.) The present application is filed under Sec. 389 Cr.P.C. read with sec. 482 Cr.P.C. for suspension of sentence of the appellant during the pendency of the present appeal. It is stated by the Ld. counsel for the appellant that the appellant has been convicted U/s 29/21(c) of NDPS Act and 14 of Foreigners Act and has been sentenced to undergo rigorous imprisonment for ten years with fine of Rs.1,00,000.00 and in default of payment of fine, rigorous imprisonment for a period of four months for the offence punishable under Sec. 29 of NDPS Act. He has also been sentenced to undergo rigorous imprisonment for 2 years with fine of Rs.50,000.00 and in default of payment of fine, rigorous imprisonment for two months for the offence punishable U/s 14 of Foreigners Act. The appellant has also been sentenced to undergo rigorous imprisonment for ten years with fine of Rs.1,00,000.00 and in default of payment of fine, rigorous imprisonment for a period of four months for the offence punishable under Sec. 21(c) of NDPS Act. All the substantive sentences shall run concurrently as observed in order dtd. 3/11/2014 passed by Trial Court.

(2.) In case of Maktool Singh v. State of Punjab, 1999 (1) CC Cases 109 (SC), Dadu @ Tulsi Dass v. State of Maharashtra 2001 (1) C.C. Cases 91(SC) & Man Singh v. Union of India, 2006 (2) RCR (Crl.) 73(SC), the Division Bench held that:-

(3.) In the present case, the appellant was arrested on 18/4/2013 and convicted on 30/10/2014 and as on date, he has completed more than 8 years, 7 months in prison from the date of his arrest.