YASHPAL SINGH Vs. C.B.N.

JUDGEMENT

(1.) Heard learned counsel for the accused-petitioner and learned Special Public Prosecutor on application for suspension of sentence.

(2.) Accused-petitioner has filed this second bail application for suspension of sentence under Sec. 389 Crimial P.C. In the application, it is inter alia averred by the petitioner that the edifice of the conviction recorded by the learned trial Court is confessional statement of the accused under Sec. 67 of the NDPS Act, which is a contentious issue as the requisite conditions were not satisfied. Mr. Bishnoi further submits that sentence of main accused, Shankar Lal has already been suspended by this Court by order dated 19.12.2013. One more ground, which is urged by learned counsel is that the petitioner is behind the bars since 24.09.2013 and earlier also he remained behind the bars for almost one year.

(3.) Learned Special Public Prosecutor has opposed the prayer and submits that in view of confessional statement of the accused, it is not a fit case wherein powers under Sec. 389 is invoked for suspension of sentence.