MANSUKHBHAI CHHAGANLAL BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant convict seeks suspension of sentence and release on bail pending his appeal. He has been convicted for the offence punishable under section 29 read with section 8 of the Narcotics Drugs and Psychotropic Substances Act (for short the N.D.P.S. Act) by the trial Court. He is sentenced to undergo rigorous imprisonment of twelve years and also directed to pay fine of Rs.1,00,000/ -.

(2.) IT is not in dispute that at the time of admission of the appeal, bail application was filed, but withdrawn. Subsequently, another bail application being Criminal Misc. Application No.14682 of 2011 came to be filed for the same purpose. It was disposed of by the Division Bench by an order dated 24.01.2012 in following terms : Considering the facts and circumstances, the appeal be listed for hearing on the week beginning on 13th February, 2012. In view of the above, Mr.Baghel does not press the present application. Disposed of as not pressed.

(3.) THEREAFTER , Criminal Misc. Application No.4416 of 2012 was filed by the convict through his advocate. In such application, Division Bench on 12.06.2012 passed the following order: Learned advocate for the applicant states that the Criminal Appeal No.2020/2010 is already listed on Board, and therefore, he requested that this application may be kept along with the main matter because, in case, the main matter is not heard, he can press this application.