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2019 (7) TMI 1938 - Indian Laws
Application for suspension of sentence - Section 389 of Cr.P.C. - HELD THAT:- Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, including the fact that appellants No.2 & 3 were on bail during the trial. This court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellants No.2 & 3.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the Learned Special Judge NDPS Act Cases No.1, Chittorgarh vide judgment dated 16.01.2018 in Session Case No.45/2013 against the appellants-applicants 1. Nepal Singh Meena S/o Karulal Meena 2.Mohd. Israfil S/o Sarifur Rehman shall remain suspended till final disposal of the aforesaid appeal and they will be released on bail, provided they execute a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 09/08/2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file.