SAMMO BAI AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The applicants Sammo Bai (Appellant No. 1), Saiya Bai (Appellant No. 4) and Ishro Bai (appellant No. 5) seek suspension of sentence during pendency of the appeal. All the applicants are in the age group of about 30 years. It is submitted that they have undergone more than 4 years of imprisonment. They were convicted by Order dated 12.05.2003 by the learned Special Judge, Faridabad for the offence under Section 15(c) of the Narcotic Drugs and Psychotropic substances Act, 1985 for keeping in their conscious possession 94 Kgs each of poppy straw on 12.11.1998 in the area of Police Station City Ballabgarh. By a subsequent Order dated 12.05.2003, learned trial Court sentenced them to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/-. In default of payment of fine, the applicants would undergo rigorous imprisonment for a further period of two and a half months.

(3.) As per the custody certificate, submitted by Superintendent District Jail, Gurgaon, the applicants have undergone more than 4 years of imprisonment. There is no criminal case pending against them. Besides, nothing has been submitted that the applicants misused the concession of parole during their imprisonment. The sentence of the other two co-convicts namely Reshmi Bai (Appellant No. 3) and Shanti Bai (Appellant No. 2) have been suspended vide Order dated 11.05.2007.