IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Miscellaneous Second Bail Application (Suspension of Sentence) No.961 of 2007. In S.B. Criminal Appeal No.888 of 2006. Patrik Thomas Gairo Maluji son of Shri Salvatore VERSUS State of Rajasthan Date Of Order ::: 19/03/2008. Hon'ble Mr. Narendra Kumar Jain J. Mr. Taraq Sayed } Mr. Anil Upman } Mr. Shekhar Bhardwaj } Counsel for the Petitioner Mr. Shyam Arya, Public Prosecutor for the State. BY THE COURT : Heard learned counsel for the parties. This is second application for suspension of sentence on behalf of the accused-appellant, who has been convicted for the offence under Section 8/20 of the N.D.P.S. Act, 1985 to ten-years rigorous imprisonment and a fine of Rupees one lac and in default of payment of fine to further undergo one-year rigorous imprisonment. The first application of the appellant was dismissed on merits by this Court on 02.02.2007. Learned counsel for the appellant contended that there is change of circumstances in the present case after rejection of first application of the appellant and that is that now co-accused namely; Johan Donho has been acquitted by the learned trial Court vide its order dated 07.09.2007, therefore, the indulgence of bail may be granted to the appellant. I have considered the submissions of the learned counsel for the parties. It is relevant to mention here that the State Government has already preferred Criminal Leave to Appeal bearing No.397/2007 against an order of acquittal of co-accused Johan Donho and this Court has already issued a notice to the accused in the said Leave to Appeal and the same is pending for want of service on him. The matter was examined on merits while rejecting the first application. The contraband i.e. `charas' weighing 19 kgs., was recovered in the present case. The sentence of imprisonment awarded is only a minimum sentence. After considering all the facts and circumstances of the case, I am not inclined to allow this second application for suspension of sentence and the same is accordingly dismissed. The accused/appellant is in Jail, therefore, the Registry is directed to list the appeal itself for hearing on priority basis. (Narendra Kumar Jain) J. ashok/