(1.) The applicant/appellant, namely, Mohammad Junaid Raina S/o Abdul Jabber Raina R/o Kaloosa, Bandipora, came to be held guilty and convicted on the culmination of trial held by the court of learned 4th Additional Sessions Judge, Srinagar (Hereinafter referred to as the learned "Trial Court" for short) on a police report/challan arising out of case FIR No. 113/2020 of Police Station, Parimpora, offence under Sec. 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (Hereinafter referred to as the "Act" for short) and sentenced to undergo the rigorous imprisonment for ten years and to pay fine of Rs.1.00 lac, with the stipulation that in case of default to pay the fine, he shall undergo the rigorous imprisonment of one year more. The order of sentence also provides that period already undergo by the applicant/convict shall be setoff.
(2.) Aggrieved by the aforesaid judgement of conviction dtd. 12/2/2024 and the order of sentence dtd. 15/2/2024, the applicant/convict preferred an appeal before this Court by invoking the provisions of Sec. 374 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the "Code" for short) and alongside the appeal, he also filed an application bearing CrlM No. 238/2024 for suspension of sentence and his enlargement on bail.
(3.) Although the earlier application for suspension of sentence bearing CrlM No. 238/2024 having been filed by the applicant/convict under Sec. 389 of the Code, is still pending disposal along with the main appeal, yet another interim application bearing CrlM No. 179/2025 came to filed on behalf of the convict for suspension of sentence and grant of bail to him.