RAM KISHORE Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner-convict is seeking the suspension of his sentence and grant of bail while invoking the powers of this Court within the provisions of Section 389 of the Code of Criminal Procedure, in a case under the N.D.P.S. Act, for which he has been sentenced for 10 years RI and to pay a fine of Rs. One Lakh, having held 20 Kgs of poppy husk in his possession which was recovered by the police. The sentence awarded to him is dated 7-2-1996. Inter alia, it is contended by the petitioner that his father has since died and has left behind his widow and three minor daughters aged 15, 11 and 6 years respectively and they are suffering badly in his absence in jail. In this regard the prosecution was directed to file the objections, to verify the veracity of the application moved on behalf of the convict for grant of bail and suspension of sentence. The objections filed by the respondent-State are placed on the record of the file.

(2.) Mr. V. K. Chaudhary, learned counsel for the petitioner is reported to be sick, by Mr. N. K. Gupta, Advocate.

(3.) Heard Mr. N. K. Gupta, for the petitioner and Mr. Dhanda for the State.