S. B. CRIMINAL MISC. (SUSPENSION OF SENTENCE ) 2ND BAIL APPLICATION NO.443/2010 IN S. B. CRIMINAL APPEAL NO. 417/2009 DATE OF ORDER ::: 08.04.2010 HON'BLE MR. C. M. TOTLA, J. Mr. R.S.Gill, for Applicant (s). Mr. K.K.Rawal, PP, for the State. Apellant is sentenced for the offence of S. 8/15 (B), NDPS Act for possessing 40 kg of poppy straw. Arguing for suspension of sentence, learned counsel submits that about six months have elapsed since rejection of earlier application. Argues that recovery in alleged manner is highly doubtful, particularly when on the very same day, in very same village, by the same team & just after this recovery, also alleged is recovery of such substance. Argues that though the alleged quantity is more than prescribed small but less than commercial. Learned Public Prosecutor, opposing submits that if suspended, appropriate may be fine. Having gone through the record and considering arguments, without commenting on the merits of the case, the application for suspension of sentence filed under Section 389, Cr.P.C., is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Cases, Hanumangarh in Sessions Case 2/07 vide his judgment dated 4.6.09 against the accused – applicant Binder Singh @ Balvinder Singh s/o. Mohan Singh shall remain suspended till the final disposal of the aforesaid criminal appeal, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned trial Court for his appearance before this Court on 10.5.2010 on the conditions indicated below :- - 2 - S. B. Cr.Misc. Bail Application No. 443/10 (i) That applicant(s) will appear before the trial Court in the months of January and June of every year till the appeal is decided. (ii)That if the applicant(s) changes/change the place of residence(s), he/she/they will give in writing his/her/their changed address(es) to the trial Court as well as to the counsel in the High Court. (iii) Similarly, if the sureties change their addresses, they will give in writing their changed addresses to the trial Court. (iv) The fine of Rs.40,000/- should be deposited within 15 days from the date of release. Failing to deposit, this order of suspension of sentence shall stand automatically withdrawn. 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) do/does not appear before the trial Court, the learned trial Judge shall forthwith report the matter to the High Court. (C.M. TOTLA),J.