Punjab-Haryana High Court
Sanjiv Kumar @ Shiba vs State Of Punjab on 23 May, 2016
222
CRM No.14928 of 2016 in
CRA-S No.3912-SB of 2015
Sanjiv Kumar @ Shiba v. State of Punjab
Present: Mr. Rajesh K. Dadwal, Advocate
for the applicant/appellant.
Mr. J.S. Brar, Asstt. Advocate General, Punjab
for the respondent/State.
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It is inter alia argued that the applicant/appellant Sanjiv Kumar @ Shiba who has been convicted and sentenced under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for being in possession of 250 capsules of Parvon Spas, 208 capsules of Spasmo Proxyvon, 16 injections of Avil and 16 injections of Norgesic, a non-commercial quantity, out of the awarded sentence of 5 years has already undergone incarceration for a period of more than 1 year and 3 months which is not controverted by learned State counsel who has placed on record the custody certificate to this effect.
In view of the incarceration period and the fact that the appeal is not likely to mature for final hearing and disposal in the near future, no useful purpose will be served by keeping the applicant/appellant behind the bars in the present case. Accordingly, without feeling necessity to advert on to merits of the appeal, sentence awarded to the applicant/appellant Sanjiv Kumar @ Shiba is suspended during the pendency of appeal and he is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Hoshiarpur.
The application stands disposed off accordingly.
(Fateh Deep Singh) Judge May 23, 2016 rps 1 of 1 ::: Downloaded on - 25-05-2016 00:13:59 :::