NARESH KUMAR SANGHI, J. - (1.) PRAYER in this application is for suspension of sentence of the applicant/appellant, Gurdeep Singh, who was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for brevity ''NDPS Act '') and ordered to undergo rigorous imprisonment for three years besides the payment of fine of Rs. 10,000/ - and in default thereof, to undergo further rigorous imprisonment for a period of two months.
(2.) LEARNED counsel contends that at present, there is no other case pending against the applicant/appellant except the case in hand; and that there are fairly arguable points in the present appeal. Learned counsel for the State has produced the affidavit of the Superintendent, Central Jail, Hisar, showing the period of incarceration suffered by the applicant/appellant, which is taken on record. He, on instructions from ASI Ramesh Kumar, Police Station, Ratia, District Fatehabad, contends that in case arising out of FIR No.226 dated 18.05.2012, the applicant/appellant has completed his sentence; and in cases arising out of FIR Nos.121 dated 25.03.2012 and 124 dated 06.04.2013, the applicant/appellant has been acquitted. Heard. Perusal of the affidavit reveals that the applicant/appellant has suffered incarceration for 08 months and 19 days out of the maximum awarded sentence of three years. At present, he is neither required nor involved in any other case except the case in hand. Keeping in view the totality of the facts and circumstances of the case, the present application is allowed. The remaining substantive sentence of the applicant -appellant, Gurdeep Singh, s/o Balbir Singh, r/o village Mohamadpur Sottar, Police Station, Bhuna, District Fatehabad, is ordered to be suspended during the pendency of the appeal subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Fatehabad.;