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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 678/2016
MEKAIL SHEIKH ..... Appellant
Through: Mr Krishan Kumar, Advocate.
versus
STATE ..... Respondent
Through: Ms Kusum Dhalla, APP for the State.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 29.08.2019
CRL.M.(BAIL) 822/2019
1. The appellant has filed the present application, inter alia, praying that
the sentence be suspended till the pendency of the instant appeal and the
petitioner be admitted to bail till disposal of the appeal.

2. The nominal roll has been filed by the jail authorities. As on

22.04.2019, the petitioner has already undergone a sentence of seven years
eight months and ten days. It is stated that as of now, the petitioner has been
in custody for more than eight years. The petitioner was sentenced to 10
years rigorous imprisonment for the offence under Section 21(c) of the
Narcotics Drugs Psychotropic Substances Act, 1985 and has already
undergone more than 80% of the sentence awarded to him.

3. The appeal filed by the petitioner is unlikely to be heard in the next

few months and therefore it would be apposite to suspend the sentence. The
learned APP also filed a status report which indicates that the authorities had
also verified the applicant’s residence at Ward No. 22, Osmanpur, Purba,
Jotkamal, P.S. Raghunath Ganj, Murshidabad, West Bengal. The
verification had revealed that the petitioner was unmarried and his family
comprises of his father (aged 52 years), mother and one unmarried brother.
It is also stated that his father is engaged in selling utensils in the village and
the family is living in the said village since 1990.

4. In view of the above, this Court considers it apposite to allow the

present application and suspend the sentence till disposal of the above-
captioned appeal.

5. The petitioner shall be released on furnishing of a personal bond in

the sum of ₹20,000/- with one surety of an equivalent amount to the
satisfaction of the Jail Superintendent. The petitioner shall also ensure that
his correct address is provided to the Jail Authorities. He shall also provide
his contact number(s) which shall be operational at all times so as to ensure
that the authorities can contact the petitioner as and when required. The
applicant shall also ensure that he is present in Court on the date of hearing
as and when fixed. The petitioner shall also not leave the country. The
application is allowed in the aforesaid terms.

6. Order dasti under signature of Court Master.

VIBHU BAKHRU, J
AUGUST 29, 2019
RK