JUDGMENT 1. Prayer in the present application is for suspension of sentence of applicant-appellant No.1 Darshan Kumar during the pendency of appeal. 2. It is mainly stated in the application that applicant-appellant No.1 has been convicted and sentenced to undergo rigorous imprisonment for a period of two years with fine of Rs.20,000/- under Section 61 of Punjab Excise Act, 1914 and he has been further convicted and sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs.1 lac under Section 15 read with Section 31 of the NDPS Act, on account of recovery of 25 kgs. of poppy husk. It is also stated that applicant-appellant Darshan Kumar along with co-accused Mangal Singh filed CRA No.S-99-SB of 2014 before this Court, which has been admitted and fine has already been stayed. It is further stated that recovery is from two persons, who were travelling in the car and recovery falls under non-commercial quantity and sentenced imposed upon the appellant is excessive. 3. Notice of the application. 4. Mr.Anmol Malik, Asstt. Advocate General, Haryana, accepts notice on behalf of the respondent-State. 5. Custody certificate has been filed. Same is taken on record. 6. I have heard learned counsel for the applicant-appellant No.1 as well as learned State counsel and have gone through the record. 7. As per custody certificate, applicant-appellant Darshan Kumar has already undergone 10 months and 11 days. However, as there was other case against the applicant-appellant and sentences were not ordered to run concurrently, therefore, less custody period has been shown. Learned counsel for the applicant-appellant argued that Darshan Kumar is in custody in this case after the conviction since 08.11.2013 i.e. for the last about two years. 8. The appeal is not likely to mature for hearing in the near future. Therefore, in the facts and circumstances and in view of the recovery from the present applicant-appellant, the criminal miscellaneous application is allowed and the sentence of imprisonment of applicant-appellant Darshan Kumar during the pendency of appeal shall remain suspended and he is admitted to bail subject to his furnishing personal and surety bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sirsa. ---------0.B.S.0------------