JUDGMENT 1. - Accused appellants Morpal and Mangi Lal have been convicted for the offence under section 8/18 of the NDPS Act and sentenced to four years rigorous imprisonment and fine of Rs. 40,000/- each. 2. Heard learned counsel for accused appellants and learned Public Prosecutor on the prayer for suspension of sentence and releasing the accused appellants on bail. 3. It was inter alia contended that accused appellants have falsely been implicated in this matter, which is apparent from the report Ex.P12 which was sent to Superintendent of Police, Baran under section 57 of the NDPS Act wherein time of interception of the accused appellants while they were coming by bicycle has been shown as 4.30 pm on 24.12.2003 while according to the documents Ex.P2 to Ex.P4 witnesses were summoned for the search of the accused appellants at 3.30 pm, therefore, the story of the prosecution is not believable and recovery is absolutely concocted. Reliance has been placed on Dilip and another v. State of M.P., reported in 2007 (1) WLC (SC) Cri. 215 : (2007) 1 SCC 450 . It was next contended that 'Motbir' witnesses have turned hostile and did not support the prosecution case and link evidence is also missing. It was also contended that seized contraband substance was deliberately not produced before the trial court, this alone circumstance is fatal for the prosecution. Reliance was placed on Jitendra and another v. State of M.P., reported in 2003(2) WLC (SC) Cri. 633 : (2004) 10 SCC 562 and Shamsher Singh & Ors. v. State of Rajasthan, reported in 2005 (7) RDD 2726 (Raj.) . 4. Learned Public Prosecutor opposed the prayer for suspension of sentence and releasing the accused appellants on bail and contended that considering entire facts and circumstances trial court has rightly convicted the accused appellants by a reasoned order. 5. Having considered the rival submissions made at the bar, also keeping in view that during the course of trial accused appellants were on bail and taking into consideration entire facts and circumstances and the material available on record and also the fact that considerable time may take place in listing the case for final arguments, I deem it proper to suspend the sentence of imprisonment awarded to the accused appellants and release them on bail. 6. 6. It is, therefore, ordered that the sentence of imprisonment awarded to the accused appellants Morpal son of Jamnalal and Mangilal son of Chitarlal shall remain suspended during the pendency of this appeal and they be released on bail provided each of them furnishes a personal bond in the sum of Rs. 40,000/- together with two sureties each in the sum of Rs. 20,000/- to the satisfaction of the learned trial court for their appearance before this Court on 12th September, 2007 and whenever called upon to,do so.Bail Granted - Sentence Suspended. *******