S. B. CRIMINAL MISC. BAIL II APPLICATION (SUSPENSION OF SENTENCE) NO 323/2010 IN S. B. CRIMINAL APPEAL NO.435/2009 DATE OF ORDER ::: 11.03.2010 HON'BLE MR. CHAND MAL TOTLA, J. Mr. Rakesh Matoria for applicant (s). Mr. K.R. Bishnoi, PP, for the State. Arguing for suspension of sentence of seven year RI under Section NDPS Act for possessing 90 gm of opium, learned counsel for the applicant contends that alleged contraband article opium is 90 gm which less than commercial quantity – in custody since June, 2009 – mandatory provisions prescribed in Act not complied with and every likelihood of success in appeal. Learned Public Prosecutor opposed the bail application. Considered arguments advanced and the quantity recovered including how where and in what circumstances and the period undergone, in the opinion of the court, it is just and proper to suspend the sentence awarded to the accused applicant. Accordingly, the suspension of sentence application is allowed and it is ordered that the sentence passed by learned Special Judge (NDPS Cases), Sriganganagar vide his judgment dated 17.6.2009 against the accused applicant Lala @ Lal Chand S/o Puran Ram shall remain suspended till further order or final disposal of aforesaid criminal appeal, provided he execute a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance in this Court on 28.04.2010 and whenever called upon to do so on the conditions indicated below :- (i) That he/she/they will appear before the trial Court on 28.04.2010 (ii) That he/she/they will appear before the trial Court in the months of January and June of every year till the appeal is decided. (iii) That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. (iv) Similarly, if the sureties change their address (s), they will give in writing their changed address to the trial Court. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to Sessions Case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial Court. In case the said accused applicant(s) does not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. The appellant shall deposit the amount of fine of Rs.5000/- within 30 days of his release. (CHAND MAL TOTLA), J.