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Judgment
Harinder Singh Sidhu, J.—This is an application u/s 389 of the Code of Criminal Procedure for suspension of sentence of Tejinder Kaur pending appeal. She has been convicted u/s 15 of the NDPS Act and sentenced to undergo RI for nine months and to pay fine of Rs. 10,000/- for possessing 25.5 kilograms of poppy husk, which falls in the category of ''non-commercial''.
Notice of the application was issued on 7.5.2014.
The State has filed custody certificate of the applicant in the shape of affidavit of Superintendent, Central Jail, Jalandhar, as per which, the applicant had undergone sentence of imprisonment for 2 months and 22 days till 17.5.2014, that is, by now, the applicant has undergone more than 3 months out of the substantive sentence of 9 months.
On behalf of the applicant, it is contended that she is a lady with no criminal background and the alleged contraband recovered from her possession falls in the category of ''non-commercial''. The hearing of the appeal will take time.
In view of above, this application is allowed and sentence of the applicant is suspended during the pendency of the appeal. She (Tejinder Kaur) shall be released on bail on her furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Magistrate on duty, Jalandhar.