MANISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is bail application under Section 389 of the Cr.P.C. for suspension of sentence awarded to the appellant by the Special Judge NDPS Cases, Bhilwara in Sessions Case No.10/12 dated 19.09.2014 vide which the Special Judge has convicted and sentenced the appellant for offence under Sections 8/15C, 8/18C NDPS Act.

(2.) Learned counsel for the petitioner has placed on record the custody certificate stating that he has already undergone four years and almost two months which includes more than 15 months after conviction out of the total sentence of 10 years. It is stated that the case is squarely covered by the ratio of the judgment rendered by Division Bench of Punjab and Harayana High Court in Daler Singh v. State of Punjab reported in 2007(1) RCR (Criminal) 316. The appeal is not likely to be heard in near future.

(3.) In view of the above, this second bail application under Section 389 Cr.P.C. for suspension of sentence is allowed and it is ordered that the sentence passed by learned Special Judge, NDPS Cases, Bhilwara vide his judgment dated 19.09.2014 in Sessions Case No.10/2012 against the accused-appellant Manish S/o Chagan Lal shall remain suspended till the final disposal of aforesaid appeal provided he executes a personal bond in the sum of Rs. 50,000/- along with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the trial court for his appearance in this Court and whenever called upon to do so.