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High Court of DelhiCRL.A./989/2017

Magret Afolake Adetola v. State & ANR

2019-11-21Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 989/2017 & Crl.M.A. No.34050/2018 MAGRET AFOLAKE ADETOLA ..... Appellant Through Counsel (appearance not given) versus STATE & ANR ..... Respondents Through Mr. Satish Aggarwal, Sr. Standing Counsel for Customs.

Pammi Kumari, Adv.

P.C. Aggarwal, SPP for Customs.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 21.11.2019 CRL.M(BAIL) NO.1730/2018 1.

The appellant has filed the present appeal, inter alia, praying that the sentence awarded to the appellant be suspended till the hearing of the appeal. The appellant was convicted of an offence under Section 21 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). She was sentenced to serve rigorous imprisonment for a period of ten years and a fine of ₹1 lac was also imposed on her. The nominal roll indicates that the appellant has already served actual custody of six years, eleven months and seventeen days, as on 11.11.2019 and was further required to serve a sentence of three years and thirteen days, as on that date. It is stated that the appellant has two minor children, whom she is required to attend to.

2.

Considering that it is unlikely that the present appeal would be heard shortly and the appellant has already served the substantial portion of her sentence, this Court considers it apposite to suspend the sentence till the hearing of the appeal.

3.

The appellant shall be released on furnishing a personal bond of ₹1 lac with one surety of an equivalent amount to the satisfaction of the Jail Superintendent.

The appellant shall also not leave the National Capital Territory of Delhi. She shall report to the concerned S.H.O. on first and third Monday of each calendar month at 10:30 AM. She shall provide her contact details to the Jail Superintendent and ensure that she is reachable at all times.

4.

The application stands disposed of.

5.

Oder dasti.

VIBHU BAKHRU, J NOVEMBER 21, 2019 DR