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2016 DIGILAW 2560 (PNJ)

Balwant Singh v. State of Punjab

2016-09-14

MAHESH GROVER, SHEKHER DHAWAN

body2016
JUDGMENT : 1. This is an application under Section 389 Cr.P.C. praying for suspension of sentence of the applicant-appellant, namely Balwant Singh, who has been convicted and sentenced to undergo rigorous imprisonment for a period of 12 years in a case registered vide FIR No. 155 dated 28.6.2010 under Sections 15, 25/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Jagraon. 2. Learned counsel for the applicant-appellant contends that the appellant has undergone six years, two months and 15 days out of total substantive sentence of 12 years awarded to him and his case is squarely covered by the ratio of Daler Singh v. State of Punjab 2007 1 RCR(Criminal) 316(DB). 3. Learned counsel for the state opposed the prayer for bail on merits but does not dispute the fact that the case of the applicant is covered by the ratio of Daler Singh's case (Supra). He has also filed custody certificate of the applicant, today in the Court, which has been taken on record. 4. We have heard the learned counsel for the parties and are of the opinion that the applicant deserves the concession of suspension of sentence keeping in view the ratio of Daler Singh's case (Supra) which is squarely attracted to the facts of the case as also the fact that the appeal being of the year 2016 is not likely to be heard in near future. Thus, we would, without commenting on the merits of the case, deem it appropriate to direct the suspension of sentence of the applicant-appellant, namely Balwant Singh during the pendency of the appeal on his furnishing bail/surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana. 5. Criminal Misc. Application stands allowed. 6. Nothing said here-in-above shall be construed to be an expression of opinion on the merits of the case.