1) The appellant had filed an application seeking suspension of his 10-year sentence for a drug offense and bail pending the appeal of his conviction.
2) The appellant had already served over 8 years in custody, exceeding 80% of his sentence.
3) The court verified the appellant's family and residence details which supported releasing him on bail.
4) Given the length of time already served and the likelihood of delay in hearing the appeal, the court allowed the application to suspend the appellant's sentence and release him on bail pending the appeal.
1) The appellant had filed an application seeking suspension of his 10-year sentence for a drug offense and bail pending the appeal of his conviction.
2) The appellant had already served over 8 years in custody, exceeding 80% of his sentence.
3) The court verified the appellant's family and residence details which supported releasing him on bail.
4) Given the length of time already served and the likelihood of delay in hearing the appeal, the court allowed the application to suspend the appellant's sentence and release him on bail pending the appeal.
1) The appellant had filed an application seeking suspension of his 10-year sentence for a drug offense and bail pending the appeal of his conviction.
2) The appellant had already served over 8 years in custody, exceeding 80% of his sentence.
3) The court verified the appellant's family and residence details which supported releasing him on bail.
4) Given the length of time already served and the likelihood of delay in hearing the appeal, the court allowed the application to suspend the appellant's sentence and release him on bail pending the appeal.
1) The appellant had filed an application seeking suspension of his 10-year sentence for a drug offense and bail pending the appeal of his conviction.
2) The appellant had already served over 8 years in custody, exceeding 80% of his sentence.
3) The court verified the appellant's family and residence details which supported releasing him on bail.
4) Given the length of time already served and the likelihood of delay in hearing the appeal, the court allowed the application to suspend the appellant's sentence and release him on bail pending the appeal.
+ CRL.A. 678/2016 MEKAIL SHEIKH ..... Appellant Through: Mr Krishan Kumar, Advocate. versus STATE ..... Respondent Through: Ms Kusum Dhalla, APP for the State. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER % 29.08.2019 CRL.M.(BAIL) 822/2019 1. The appellant has filed the present application, inter alia, praying that the sentence be suspended till the pendency of the instant appeal and the petitioner be admitted to bail till disposal of the appeal.
2. The nominal roll has been filed by the jail authorities. As on
22.04.2019, the petitioner has already undergone a sentence of seven years eight months and ten days. It is stated that as of now, the petitioner has been in custody for more than eight years. The petitioner was sentenced to 10 years rigorous imprisonment for the offence under Section 21(c) of the Narcotics Drugs Psychotropic Substances Act, 1985 and has already undergone more than 80% of the sentence awarded to him.
3. The appeal filed by the petitioner is unlikely to be heard in the next
few months and therefore it would be apposite to suspend the sentence. The learned APP also filed a status report which indicates that the authorities had also verified the applicant’s residence at Ward No. 22, Osmanpur, Purba, Jotkamal, P.S. Raghunath Ganj, Murshidabad, West Bengal. The verification had revealed that the petitioner was unmarried and his family comprises of his father (aged 52 years), mother and one unmarried brother. It is also stated that his father is engaged in selling utensils in the village and the family is living in the said village since 1990.
4. In view of the above, this Court considers it apposite to allow the
present application and suspend the sentence till disposal of the above- captioned appeal.
5. The petitioner shall be released on furnishing of a personal bond in
the sum of ₹20,000/- with one surety of an equivalent amount to the satisfaction of the Jail Superintendent. The petitioner shall also ensure that his correct address is provided to the Jail Authorities. He shall also provide his contact number(s) which shall be operational at all times so as to ensure that the authorities can contact the petitioner as and when required. The applicant shall also ensure that he is present in Court on the date of hearing as and when fixed. The petitioner shall also not leave the country. The application is allowed in the aforesaid terms.
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