JUDGMENT : Satyen Vaidya, J. By way of this application, a prayer has been made to suspend substantive sentence imposed upon the petitioner, vide judgment and sentence order dated 30.07.2022, passed by learned Special Judge-II, Sirmour District at Nahan, in Sessions Trial No. 59-N/7 of 2013. 2. Petitioner has been convicted for offence under Section 21(b) of ND & PS Act. He has been found to be in exclusive possession of 10 kilograms of poppy husk, which is intermediate quantity. The small quantity of poppy husk is less than 1 kilogram and commercial quantity is more than 50 Kilograms. Petitioner has been sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.50,000/-. In default of payment of fine, petitioner has been ordered to undergo simple imprisonment for three months. 3. It is contended on behalf of the petitioner that he has good arguable case and there is every likelihood of acceptance of the appeal filed by him. Stress has been laid on the fact that the prosecution case was full of doubts. No independent witness was associated, despite opportunity to do so. The alleged apprehension of the petitioner was in the most thickly habitated area. The road on which petitioner was allegedly apprehended was a busy road for traffic. It is further submitted that the fine amount has been deposited by the petitioner. He had remained on bail throughout the trial and has not misused such liberty at any point of time. 4. Despite opportunity, respondent/State has not filed reply to the application. 5. Record reveals that petitioner was arrested on 28.08.2013 and was released on bail on 20.09.2013. Nine years have elapsed thereafter and there is no complaint whatsoever against petitioner that he had misused the liberty of bail at any point of time or had shown any indulgence in unlawful activities. 6. The appeal filed by the petitioner has been admitted for hearing. There are arguable issues raised by the appellant/petitioner, which need detailed consideration. The final disposal of the appeal is likely to take some time. 7. Petitioner after conviction has surrendered and is undergoing the sentence. Meaning thereby that petitioner has no intent to abscond from the course of justice. The conviction of petitioner is for offence involving intermediate quantity of poppy husk. The final disposal of the appeal is likely to take some time. 7. Petitioner after conviction has surrendered and is undergoing the sentence. Meaning thereby that petitioner has no intent to abscond from the course of justice. The conviction of petitioner is for offence involving intermediate quantity of poppy husk. Without commenting on the merits of the contention raised on behalf of the appellant, such contention cannot be out rightly rejected and needs consideration. 8. No past criminal antecedents have been attributed to the petitioner. Nothing has been placed on record to show that the release of petitioner will be a threat to the society at large. 9. Keeping in view the entirety of facts and circumstances, the application is allowed. Substantive sentence imposed upon the petitioner vide judgment and sentence order dated 30.07.2022, passed by learned Special Judge-II, Sirmour District at Nahan, H.P. in Sessions Trial No. 59-N/7 of 2013, is ordered to be suspended till final disposal of appeal, subject to petitioner depositing the fine amount, if not already deposited, in the trial court and also his executing personal bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of learned Special Judge, specifically undertaking therein that the petitioner will cause his appearance before this Court, during the pendency of the appeal, as and when required and also that he will immediately surrender before learned Trial Court to receive the sentence in the event of his appeal being dismissed. 10. Petitioner be released from custody on his fulfilling all the terms and conditions of this order. Application stands disposed of.