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2013 DIGILAW 477 (PNJ)

Chander Singh @ Chanda v. State of Punjab

2013-04-10

S.P.Bangarh, S.S.Saron

body2013
JUDGMENT Heard learned counsel for the parties. 2. The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant-Chander Singh @ Chanda during the pendency of the appeal. 3. The applicant/appellant was apprehended by the police party headed by Inspector Prem Singh 30.10.2006 near unmanned railway crossing ahead of Grain Market, Jagraon. A search of the bag that he was carrying was conducted and 7 kilograms of charas was recovered. 4. The learned Judge Special Court, Ludhiana after considering the evidence and material on record convicted the applicant/appellant for the offences punishable under Section 20 of the NDPS Act. It was held that the contraband recovered was commercial quantity and punishable under Section 20 (C) of the NDPS Act. He was accordingly sentenced to undergo rigorous imprisonment for 11 years; besides, pay a fine of Rs.1,50,000/- and in default thereof to undergo rigorous imprisonment for one year and six months. The sentence of payment of fine was suspended by this Court at the time of admission of appeal on 21.05.2009. 5. In terms of the custody certificate that has been filed, the applicant/appellant has undergone imprisonment of five years, eleven months and two days as on 25.02.2013. At present he has undergone more than six years of imprisonment which includes more than three years post conviction. There is no other case pending against him. A Division Bench of this Court in the case of Daler Singh versus State of Punjab, [2007(1) Law Herald (P&H) 390] : 2007(1) RCR (Criminal) 316 has inter alia held that where the convict is sentenced for more than ten years for having in his conscious possession commercial quantity of contraband, he shall be entitled to bail if he has already undergone a total sentence of six years, which must include at least fifteen months after conviction. The said guidelines have been met in the present case. There are arguable points in the appeal which would require consideration at the time of final hearing. 6. The said guidelines have been met in the present case. There are arguable points in the appeal which would require consideration at the time of final hearing. 6. Keeping in view the fact that the case of the applicant/appellant is covered by the guidelines laid down in Daler Singh’s case (supra); besides, the fact that the appeal is not likely to mature for hearing in the near future and also the fact that there are arguable points in the appeal and there is no other case pending against the applicant/appellant, it would be just and expedient to suspend the sentence of imprisonment of the applicant/appellant during the pendency of the appeal. 7. Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant-Chander Singh @ Chanda during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana. --------0.B.S.0------------