S.B.CR. MISC.III BAIL APPLICATION No.891/2009 IN S .B. CRIMINAL APPEAL No.1432/2007 Birdhi Lal vs. State of Rajasthan 04.09.2009 HON'BLE MR. JUSTICE G.S. SARRAF Mr.R.R. Baisla, for the appellant applicant. Ms.Alka Bhatnagar, PP for State. By judgment dated 29.6.2007 passed by Special Judge (NDPS Act), Chhabra, district Baran in sessions case no.6/1996, the appellant applicant has been convicted under Section 8/18 NDPS Act and has been sentenced to six years rigorous imprisonment and a fine of Rs.60,000/- and in default of payment of the fine further rigorous imprisonment for six months. Earlier applications for bail moved by the appellant applicant have been dismissed by this Court by orders dated 26.2.2008 and 15.10.2008. This is the third application. Heard learned counsel for the appellant applicant and learned Public Prosecutor. Learned counsel for the appellant applicant submits that 1.600 kg opium is alleged to have been recovered from the possession of the appellant applicant which is less than commercial quantity and, therefore, the limitation imposed by Section 37 of the NDPS Act is not applicable in this case. He further submits that the appellant applicant is a very old person of more than 75 years of age and he has already remained in jail for around two years and four months. He also submits that the appeal is not likely to be listed in the near future. He has, therefore, prayed that the appellant applicant be released on bail. Learned public prosecutor opposes the application. Considering the nature of the offence and all the facts and circumstances of the case I do not deem it fit to suspend the sentence passed against the appellant applicant and release him on bail. Consequently, the application stands dismissed. However, if the appeal is not listed for hearing within six months then the appellant applicant is free to file fresh application for suspension of sentence. (G.S. Sarraf), J. Sanjay Solanki Jr.P.A. Item 1