CR.A/254/2022
2022 Latest Caselaw 8381 HP

Cr. Appeal No. 254 of 2022

.

11.10.2022 Present: Mr. Deepak Kaushal, Advocate, for the appellant.

Mr. Hemant Vaid, Additional Advocate General, for the respondent.

Cr.MP No. 2271 of 2022.

Heard. The applicant-appellant has been convicted

under Section 20 of NDPS Act for having been found in

possession of 385 grams of charas and sentenced to undergo

rigorous imprisonment for four years with fine of Rs. 40,000/-, and

in case of default in payment of fine to further undergo simple

imprisonment for four months.

It has been submitted that during trial appellant was

enlarged on bail and the main appeal has been admitted as

arguable point is made out therein and hearing whereof may take

place after a considerable long time, therefore, prima facie, case

for suspension of sentence is made out.

Considering the entire facts and circumstances of the

case and submissions of learned counsel for the appellant,

substantive sentence imposed upon the appellant, vide

judgment/order dated 24.05.2022, passed by learned Special

Judge, Mandi, District Mandi, H.P.,NDPS Trial No. 48 of 2015 is

suspended, during pendency of the appeal, subject to furnishing

personal bond in the sum of `1,00,000/- with one surety in the like

amount to the satisfaction of trial Court within three weeks from

today, undertaking therein to appear before this Court as and

when directed and to surrender to serve out the sentence in case

main petition is ultimately dismissed and also subject to deposit of

.

fine amount, if not already deposited.

Bail bonds so furnished by the appellant shall be

transmitted by the trial Court to the Registry of this Court for

placing on record.

The application stands disposed of.

Appellant is permitted to use the downloaded copy of

this order from the High Court Website and trial Court shall not

insist for certified copy of the order, rather if need be, passing of

order can be verified from the High Court website or otherwise.

Cr. Appeal No. 254 of 2022.

List for hearing in due course.

(Vivek Singh Thakur),

Judge.

11th October, 2022 (subhash)