Manoj Kumar Ohri, J.:—
CRL.M.(BAIL) 7540/2020 in CRL.A.342/2020
1. The present application has been filed on behalf of the appellant seeking suspension of sentence in SC No. 9435/2016, registered under Sections 23(c)/25A of NDPS Act at Police Station NCB, New Delhi.
2. Learned counsel for the appellant submits that out of the total sentence of 10 years awarded to the appellant by the Trial Court, the appellant has already undergone a period of about 4 years and 4 months. He has taken the Court through the records to show that though the appellant who was owner of the courier company has been convicted and the employee of the company who had received the parcels, has been acquitted on the same set of evidence. It is further submitted that no investigation was made to arrest the consignor. He also submits that since the appeal is likely to take some time to come up for final hearing, no useful purpose would be served in keeping the appellant in jail till such time and prays that the appellant's sentence may be suspended during the pendency of the appeal.
3. Learned counsel for the respondent, on the other hand, opposes the prayer seeking suspension of sentence. He submits that the department is in the process of challenging the acquittal of the employee of the courier company. He has referred to the judgment rendered in the case of State of Kerala v. Rajesh arising out of Criminal Appeal Nos. 154-157 of 2020, reported as 2020 SCC OnLine SC 81.
4. Looking into the facts and circumstances of the case and the period undergone by the appellant and the fact that the appeal is not likely to be taken for hearing in near future on account of disruption caused by COVID-19 pandemic, the application is allowed and the sentence of the appellant is suspended during the pendency of the appeal on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty Magistrate, subject to the following further conditions:—
(i) The appellant will not leave NCT of Delhi without prior permission of the Court.
(ii) The appellant shall appear before the Court as and when the appeal is taken up for final hearing.
(iii) In case of change of address, the appellant shall promptly inform the same to the concerned IO as well as to the Court.
5. The application stands disposed of in the above terms.
6. A copy of this order be communicated electronically to the concerned Jail Superintendent.