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(2021) Law Today Live Doc. Id. 16298
CRA-D-1306-DB of 2014
Decided on: 05.07.2021
Present:
Mr. Satnam Singh Gill, Advocate for the applicant-appellant.
Mr. S.P.S. Tinna, Addl. A.G., Punjab.
(Proceedings Through V.C.)
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- NDPS case -- Suspension of sentence – Keeping in view the fact that more than half of the sentence has already been undergone by the applicant-appellant and the recovery which has been effected in the other case in which he is said to have been involved was non-commercial, with the appeal not likely to be heard in near future, the application is allowed -- Sentence of applicant-appellant suspended during the pendency of instant appeal.
(Para 4)
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1. Prayer in this application is for suspension of sentence of applicant-appellant-Darshan Singh, during the pendency of instant appeal in FIR No. 129 dated 05.09.2009 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Bassi Pathana, District Fatehgarh Sahib.
2. It is the contention of learned counsel for the applicant-appellant that out of the total sentence of 12 years, the applicant-appellant has undergone actual sentence of 6 years and 27 days, as per the custody certificate which has been submitted by learned counsel for the State through e-mail. He contends that the other case in which the applicant-appellant is said to have been involved, the recovery is of a non-commercial quantity and this is the only case where commercial quantity was involved. Learned counsel contends that appeal is not likely to be heard in near future and the applicant-appellant has completed more than half of the sentence. Prayer, thus, has been made for suspension of sentence of the applicant-appellant during the pendency of the appeal.
3. Learned counsel for the State on the other hand although acknowledges the factual assertions which have been made by learned counsel for the applicant-appellant and asserts that during the pendency of the earlier case in which he has been convicted, when he was on bail he has committed the second offence for which FIR has been registered. He, therefore, contends that there is every likelihood that the applicant-appellant may again get involved in such like offences.
4. Having considered the submissions made by learned counsel for the parties and keeping in view the fact that more than half of the sentence has already been undergone by the applicant-appellant and the recovery which has been effected in the other case in which he is said to have been involved was non-commercial, with the appeal not likely to be heard in near future, the present application is allowed. Sentence of applicant-appellant-Darshan Singh S/o Sadhu Singh, is suspended during the pendency of instant appeal. Applicant-appellant be released on bail subject to furnishing bail and heavy surety bonds to the satisfaction of CJM/Duty Magistrate, Fatehgarh Sahib.
Application allowed.
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