JUDGMENT 1. - Heard learned counsel for the convict-appellant and learned Public Prosecutor for the State on application under Section 389 of Cr.P.C. for suspension of sentence. 2. Learned counsel for the appellant submits that as per statements of PW.10, namely, R.B. Batra, the information under Section 42 of the NDPS Act was not recorded and neither the copy of secret information was sent to the concerned senior officers. He further submits that recovery was made from room No.21 of the "Maheshwari Dharamshala" but the keys of alimirah were recovered from room and not from the conscious possession of the present accused appellant. Learned counsel for the petitioner further submits that witnesses who entered the named of the present applicant in the register, they have not identified the present accused appellant and they have been declared hostile. 3. Per contra, Mr. Durga Ram, Advocate appearing on behalf of Mr. Kishan Singh Nahar, Special Public Prosecutor, opposed the bail (SOS) application. He submits that looking to the provisions of Section 37 of the NPDS Act, there is no infirmity in the judgment passed by the learned trial court, therefore, the accused appellant may not be released on bail. He further submits that quantity of the contraband was of commercial quantity. 4. I have considered the rival arguments advance by the parties and perused the judgment of the trial court. I have also perused the statement of PW.10 R.B. Batra and PW.7 Gajendra Gaur, and PW.12 Mohan Lal, they have not identified the accused-appellant. Be that as it may. Looking to the facts and circumstances of the case and the sentence awarded by the learned trial court, I consider it just and proper to suspend the substantive sentence of imprisonment awarded to the accused appellant-appellant. 5. Accordingly, the bail application is allowed and it is ordered that the substantive sentence passed by learned Special Judge, NPDS Cases, Jodhpur in Sessions Case No.78/2007 vide his judgment dated 21.12.2010 against the convict-appellant Nand Kishore S/o Tara Chand, shall remain suspended till the final disposal of aforesaid criminal appeal provided he executes a personal bond in the sum of Rs. 20,000/- along with two sureties in the sum of Rs. 20,000/- along with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the trial court for his appearance in this court on 01.07.2011 and whenever called upon to do so, with the incorporation in the bond that as and when he shall shift his place of residence, he shall intimate to this court and his lawyer about his new place of residence.Application allowed. *******