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(2024) Law Today Live Doc. Id. 19371
CRA-S-1058 of 2024
Decided on: 24.07.2024
Present:
Mr. Ajay Shekhawat, Advocate for the applicant-appellant
Mr. Gaurav Bansal, DAG Haryana
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21(b) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 374, 389 -- NDPS Case -- Suspension of sentence -- Recovery of 18.17 grams of heroin – Conviction for 4 years – Appeal against conviction – Appeal raises arguable issues -- The applicant has undergone an actual sentence of 06 months and 10 days and there is no other case registered against him -- Hearing of the appeal is likely to take some time -- Sentence suspended.
(Para 2, 5)
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KIRTI SINGH, J. –
1. The applicant/appellant has preferred this application for suspension of sentence during the pendency of the appeal. The applicant has been convicted and sentenced by judgment and order of sentence dated 15/16.02.2024 in FIR No. 180 dated 22.03.2021 registered under Sections 21, 61, 85 of NDPS Act, 1985 at Police Station Sadar, Bhiwani to undergo imprisonment along with fine as under:-
|
Section(s) |
Sentenced to R.I. |
Fine |
In default of payment of fine |
|
21(b) of NDPS Act |
04 years |
Rs.20,000/- |
SI for 01 year |
2. Learned counsel for the applicant-appellant inter alia submits that allegedly 18.17 grams heroin was recovered from conscious possession of the accused. He further submits that the applicant-appellant has been falsely implicated in the present case and recovery is of non-commercial quantity. The applicant-appellant is a man of clean antecedents and there is no other case registered against him. The applicant-appellant has undergone an actual sentence of 06 months and 10 days.
3. Learned State counsel filed custody certificate which indicates that the applicant has undergone an actual sentence of 06 months and 10 days. He however, submits that in view of serious allegations against the applicant, he is not entitled to concession of suspension of sentence.
4. Heard.
5. The appeal raises arguable issues. The applicant has undergone an actual sentence of 06 months and 10 days and there is no other case registered against him. The hearing of the appeal is likely to take some time. I deem it appropriate to suspend the sentence of the applicant/appellant.
6. Consequently, the application is allowed. The sentence of applicant/appellant shall remain suspended during the pendency of the appeal. He shall be released on bail subject to his furnishing requisite bail/surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate.
Application allowed.
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