JUDGMENT S.S. Saron, J:- Heard learned counsel for the parties. 2. The applicants Sammo Bai (Appellant No.1), Saiya Bai (Appellant No.4) and Ishro Bai (appellant No.5) seek suspension of sentence during pendency of the appeal. All the applicants are in the age group of about 30 years. It is submitted that they have undergone more than 4 years of imprisonment. They were convicted by Order dated 12.05.2003 by the learned Special Judge, Faridabad for the offence under Section 15(c) of the Narcotic Drgus and Psychotropic substances Act, 1985 for keeping in their conscious possession 94 Kgs each of poppy straw on 12.11.1998 in the area of Police Station City Ballabgarh. By a subsequent Order dated 12.05.2003, learned trial Court sentenced them to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/-. In default of payment of fine, the applicants would undergo rigorous imprisonment for a further period of two and a half months. 3. As per the custody certificate, submitted by Superintendent District Jail, Gurgaon, the applicants have undergone more than 4 years of imprisonment. There is no criminal case pending against them. Besides, nothing has been submitted that the applicants misused the concession of parole during their imprisonment. The sentence of the other two co-convicts namely Reshmi Bai (Appellant No.3) and Shanti Bai (Appellant No.2) have been suspended vide Order dated 11.05.2007. 4. There are arguable points in the appeal. However, the appeal is not likely to mature for hearing in the near future. 5. Division Bench of this Court in Daler Singh vs. State of Punjab, [2007(1) Law Herald (P&H) 390] : 2007(1)RCR (Criminal) 316, has inter-alia held that where a convict is sentenced for 10 years for having in his conscious possession commercial quantity of the contraband, he shall be entitled to bail if he has already undergone a total sentence of four years which must include at least fifteen months after conviction. The guidelines as laid down in the said case have been met in the present case as the applicants have undergone more than 4 years of sentence. 6. Article 21 of the Constitution of India, inter-alia includes the guarantee for speedy trial of an accused.
The guidelines as laid down in the said case have been met in the present case as the applicants have undergone more than 4 years of sentence. 6. Article 21 of the Constitution of India, inter-alia includes the guarantee for speedy trial of an accused. An appeal is only an extension of the trial and the Court is obliged to ensure expeditious disposal of the appeal or pass appropriate orders as and when it feels that the right under Article 21 has been infringed. 7. Therefore, it would be just and expedient to suspend the sentence of imprisonment and fine of the applicants during the pendency of the appeal. Crl. Misc. application is allowed and, during the pendency of the appeal, sentence of imprisonment and fine in respect of the applicants shall remain suspended subject to their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Faridabad. ——————————