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HC suspends sentence; grants bails to convict in NDPS case 12/21/2018 10:11:23 PM Early Times Report jammu, Dec 21: The High Court suspended the sentence and granted bail to a convict Virender Gupta, who had filed an appeal before it for suspension of sentence. This order was passed by Justice Sanjay Kumar Gupta after hearing the counsel for appellant A K Sawhney with Shiv Dev Thakur and Anil Sharma Advocates. The High Court in its order has held, "I am of the considered view that there is ground to suspend the sentence at this stage. Hence, sentence passed by court below is suspended. Accused/appellant shall be enlarged on bail subject to his furnishing of surety bond and personal bond of Rs.50,000/- each subject to satisfaction of Registrar Judicial of this Court...." The High Court further observed that the case of the applicant is that the court below has convicted him by ignoring vital and important aspects of the case irrespective of the fact that the prosecution has miserably failed to prove the guilt of appellant/applicant beyond reasonable doubt. In the application, the appellant/applicant has stated that he has been convicted by the trial court in utter disregard of the law laid down by the Supreme Court of India, while interpreting the various provisions of the NDPS Act and the conviction was recorded only for the sake of conviction, whereas if evidence adduced by the prosecution thoroughly appreciated, the same will definitely demand the acquittal of the appellant/applicant. The Court observed " In the present case, from the perusal of record, it is evident that accused was arrested on 13.10.2010 along-with another accused on the allegation of recovery of 5 kg of charas; both faced trial and judgment of conviction has been passed on 31.05.2017. The application has not been heard finally because many applications prior to the instant application are pending for hearing. There is no chance of early hearing of the matter.   Share This News with Your Friends on Social Network     Comment on this Story

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