JUDGMENT 1. sHeard Mr. A. Bhattacharya, learned counsel for the applicant and Mr. H.K. Sarma, learned Addl. Public Prosecutor for the State/respondent No. 1 via video conferencing. 2. By this application u/s 389 CrPC, the applicant has prayed for suspension of sentence and also for bail. 3. The applicant was convicted u/s 20(b) of the NDPS Act and sentenced to rigorous imprisonment for 5 (five) years and fine of Rs. 20,000/- (Rupees twenty thousand). The applicant was further sentenced to imprisonment for 1 (one) year in default of payment of fine. 4. The appeal filed by the applicant/appellant has been admitted. 5. Learned counsel for the applicant submits that the applicant was the driver of the vehicle and he was on bail during the trial. It is further submitted by the learned counsel that there was violation of the statutory provision in search and seizure of the contraband substances and the prosecution could not establish the case beyond reasonable doubt. It is also submitted that the co-accused has been granted bail and as such, the applicant also deserves similar consideration on the ground of parity. 6. I have perused the materials brought on record. 7. On consideration of the materials on record and the submission of the learned counsel for the applicant and also that the co-accused standing on the same footing has been enlarged on bail, it is provided that the sentence passed by the learned Sessions Judge in Special NDPS Case No. 17/2017 against the petitioner shall remain suspended till disposal of the appeal. 8. The applicant/appellant shall be released on bail of Rs. 20,000/- with a solvent surety of like amount to the satisfaction of the learned trial court. 9. A copy of this order be furnished to the learned counsel for the petitioner under the seal and signature of the Court Master. 10. IA stands disposed of.