P.K.Lohra, J. - (1.) Heard learned Senior Counsel for the appellants as well as learned Public Prosecutor on the application for suspension of sentence.
(2.) By the instant application under Section 389 Cr.P.C., applicant-appellants have craved for suspending the sentence handed down by Additional District and Sessions Judge, Sojat (for short, 'learned trial Court'), by its verdict dated 06.07.2017. Learned trial Court, by the aforesaid verdict, convicted applicant-appellants for offence under Sections 8/15 of the NDPS Act and handed down them maximum sentence of ten years' rigorous imprisonment with fine of Rs. 1,00,000/- and also convicted applicant-appellant No. 2 for offence under Section 279, 337 IPC and sentenced him for various terms for the said offences.
(3.) It is submitted by learned Senior Counsel that during trial applicant-appellants remained in custody for more than 4-1/2 years and by this time they have undergone sentence for more than five years. It is also argued by learned Senior Counsel that final decision of the appeal is likely to take considerable time, and therefore, it would not be appropriate to keep applicant-appellants under further incarceration.;