Page No.# 1/3 GAHC010075812024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/361/2024 KAMRUL UDDIN S/O LATE MOYAB ALI VILL.- JABAINPUR P.S.- KARIMGANJ DIST.- KARIMGANJ. VERSUS THE STATE OF ASSAM TO BE REP. BY THE P.P. ASSAM. ------------ Advocate for : MR. M A CHOUDHURY Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 05.03.2025 Heard Mr. A. Ahmed, learned counsel for the applicant as well as Ms. N. Das, learned Additional Public Prosecutor, Assam. By this application filed under Section 389 of the CrPC, the petitioner, namely, Kamrul Uddin, has prayed for suspension of sentence and for releasing him on bail during pendency of Page No.# 2/3 the connected appeal. Mr. Ahmed has referred to the evidence of the prosecution witness no. 2 as well as the defence witness nos. 1 and 2. According to Mr. Ahmed, the narcotic drugs were not found in possession of the present applicant. Rather, it was found from the possession of some other persons. Mr. Ahmed has further relied upon a judgment of the Hon’ble Supreme Court that was passed in Criminal Appeal No. 475/2025 arising out of SLP (Criminal) No. 5215/2021. In the said judgment, it has been held that if the appellant has undergone substantial part of the substantive sentence and also considering the fact that there is no possibility for disposal of the appeal before he undergoes his entire sentence, the appellate court can exercise the power of releasing the accused from the jail during pendency of the appeal. According to the Hon’ble Supreme Court, if the relief of bail is denied in such a factual scenario on the ground of under Section 37 of the NDPS Act it will amount to the violation the rights of accused under Article 21 of the Constitution of India. I have considered the submissions made by the learned counsel for both the sides. It appears that the applicant has already completed 2 years 5 months 23 days in judicial custody. Mr. Ahmed has further pointed out that the appeals of the years 2013-14 are yet to be heard. According to him, this is an appeal of 2024 and by the time of hearing of this appeal, the petitioner would complete the sentence. Having regard to the submissions made by the learned counsel for both the sides, this court is of the opinion that the prayer made by the applicant deserves to be accepted at this stage. Therefore, the sentence imposed upon the applicant on 06.03.2024 by the learned Special Judge, Karimganj in Special (NDPS) Case No. 137/2022 shall remain suspended till disposal of the connected appeal. Page No.# 3/3 Accordingly, the applicant Kamrul Uddin is allowed to go on bail of Rs.30,000/- with one surety of like amount to the satisfaction of the learned Special Judge, Karimganj. The IA(Crl) stands disposed of. JUDGE Comparing Assistant