Punjab

High Court suspends sentence of a drug peddler, grants bail

Dilbag Singh | January 23, 2020 03:39 PM

 

NURMAHAL   The Punjab and Haryana High Court has granted bail and suspended sentence of a drug peddler.Justice H.S.Madaan said in his order on Wednesday that   applicant-appellant Jasvir Singh alias Sonu after being tried by Judge, Special Court, Jalandhar was convicted for offence under Section 15 (c) of the NDPS Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1, 00,000/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of one year, vide judgment dated 10.3.2017. Feeling dissatisfied by the judgment of his conviction and sentence, the appellant has approached this Court by way of filing an appeal. The appeal came up for hearing on 24.4.2017, when it was admitted and on an application having been filed, recovery of fine has been stayed during the pendency of the appeal. He has also moved an application for suspension of sentence, notice of which was given to the State. Learned State counsel has placed on file the custody certificate of the appellant showing that he has undergone total sentence of 4 years and 6 days including remission. He is not shown to be involved in any other criminal case. I have heard learned counsel for the applicant-appellant and learned State counsel besides going through the record. The disposal of the appeal is likely to take some time.  Keeping in view the facts and circumstances of the case, it is found proper and appropriate, if the applicant-appellant-Jasvir Singh alias Sonu is granted concession of bail and his sentence is suspended. Accordingly, the criminal miscellaneous application is allowed and the remaining sentence of imprisonment of the applicant-appellant Jasvir Singh alias Sonu during the pendency of the appeal is ordered to remain suspended subject to his furnishing personal bond and surety bond to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Jalandhar. While accepting the bonds, the Chief Judicial Magistrate/Duty Magistrate may impose any terms and conditions found appropriate to ensure that the appellant-accused should not abscond. His Passport may also be got surrendered, if he has got one, otherwise to get affidavit from the appellant-accused that he does not have any Passport. It is made clear that if after being released on bail in this case, the appellant is found indulging in any other criminal activity, the order suspending his sentence and grant of bail shall be liable to be withdrawn.

The Nurmahal police had arrested Jasvir Singh a resident of Mehat Pur with 150 kilograms and 150 grams poppy husk on September 25,2015 .

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