JUDGMENT 1. - The appellant, having been convicted for offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act was sentenced to 10 years' rigorous imprisonment with imposition of fine of Rs. 1,00,000/- and with the direction that he would further undergo 2 years' imprisonment for non-payment of fine by the judgment and order dated 13.9.2005 as passed by the Special Judge, N.D.P.S. Cases, Udaipur in Sessions Case No. 159/2003. 2. The jail appeal sent by the appellant bearing No. 749/2005 was admitted for consideration by this Court on 21.10.2005. However, the first application for suspension of sentence as moved on behalf of the appellant was dismissed as not pressed on 1.2.2007. The appeal has thereafter, remained pending for hearing, and the appellant has now moved this second bail application for suspension of sentence after quite some time. 3. It is submitted on behalf of the appellant that he has already suffered imprisonment for over 6 years inasmuch as he is in custody since 9.6.2003 and when the appeal is not likely to come up for hearing in near future, as per decision in the case of Man Singh v. Union of India, (2006) 1 SCC (Cri.) 279 , the execution of the remaining part of sentence deserves to be suspended. 4. The learned Counsel for the petitioner has also placed for perusal an order dated 12.10.2009 as passed in S.B. Criminal Jail Appeal No. 14/2005 wherein this Court has suspended execution of sentence in relation to a similar case wherein the appellant had already undergone imprisonment for 6 years and 2 months on the condition of depositing the amount of fine. 5. In the totality of facts and circumstances, it appears just and proper to grant indulgence to the appellant following the decisions aforesaid and looking to the fact that the petitioner is in custody since 9.6.2003. 6. Accordingly, this second application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that execution of substantive sentence of imprisonment as passed by the learned Special Judge, N.D.P.S. Cases, Udaipur in Sessions Case No. 159/2003 against the applicant- appellant - Vardi Chand @ Pappu S/o Shanker Lai Darji shall remain suspended until final disposal of this appeal provided he deposits the amount of fine of Rs. 1,00,000/- (Rupees one lac only) and also execute a personal bond in the sum of Rs. 1,00,000/- (Rupees one lac only) and also execute a personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand only) with two sureties of Rs. 25,000/- (Rupees twenty five thousand only) each to the satisfaction of the learned trial Court for his appearance before this Court on 7.12.2009 and whenever ordered to do so with the stipulation that in the bond he would precisely state his place of residence with all particulars and in case of his shifting from the place of residence, would intimate this Court and his Counsel about his new place of residence with all particulars. JUNE519 Bail Application allowed. *******