Judgment Mr. Sanjay Vashisth, J. Prayer in this application, filed under Section 389 Cr.P.C. is for suspension of sentence of the applicant-appellant – Iqbal Singh @ Paali, who was held guilty for having committed the offence punishable under Section 15 of NDPS Act, and to undergo sentence as follows: Under Section Sentence (R.I.) Fine (in Rs.) In Default (RI) 15 of NDPS Act 04 years 40,000 02 months 2. The period of detention already undergone by the applicant-appellant was ordered to be set off against the substantive sentence. 3. The appeal has already been admitted by this Court vide order dated 21.12.2022. 4. Learned counsel for the applicant-appellant inter alia contends that the applicant-appellant Iqbal Singh @ Paali, aged 49years, has been convicted for illegally keeping in his possession 21 KG poppy husk. Out of the awarded substantive sentence of four years, applicant-appellant has undergone the custody period of more than four months. Learned counsel further submits that applicant-appellant is not involved in any other case of similar nature, and there is every likelihood of reduction of sentence, even in case, conviction is maintained. 5. Learned State counsel has furnished the custody certificate dated 01.03.2023, which is taken on record, subject to all just exceptions. 6. A copy thereof has been handed over to the learned opposite counsel. 7. As per custody certificate, the applicant-appellant has undergone 04 months and 07 days of sentence in the present case, out of the substantive sentence of 04 years. As per custody certificate, there is no other case registered against the applicant-appellant. 8. Learned State counsel while opposing the prayer made by applicant-appellant, submits that it is a serious offence, which is against the society as a whole, and applicant-appellant does not deserve any sympathy, as commission of such crime is at an increasing trend. However, learned State counsel could not dispute the fact that hearing of appeal is not likely to be heard in the near future. 9. This Court has heard both the sides and perused the custody certificate, according to which, applicant-appellant has undergone total actual sentence of 04 months and 07 days, and there is no case registered against him of similar nature. Even if conviction part is maintained at later stage being first offender, chances of awarding of lesser sentence would always be there. 10. Even if conviction part is maintained at later stage being first offender, chances of awarding of lesser sentence would always be there. 10. In view of the fact that there are arguable points in the matter and main appeal has already been admitted and it is likely to take time for its final disposal, it is deemed appropriate to suspend the sentence of the applicant-appellant during the pendency of the present appeal. 11. Accordingly, prayer made in this criminal miscellaneous application is allowed. The sentence of the applicant-appellant – Iqbal Singh @ Paali, is suspended and he is ordered to be released on bail in this case, subject to his furnishing the fresh bail/surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqua Magistrate/Duty Magistrate concerned, if not required in any other case. 12. It is, however, made clear that in case applicant-appellant is found indulged in any other case of similar nature, then prosecution agency would be at liberty to seek cancellation of bail granted in this appeal. 13. Application stands disposed of.