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Bombay High CourtAPPA/768/2021disposed off

Vishwanath @ Bandu Hiralal Yadav And Another v. State Of Mah.Thr. Ps Pachpaoli Crime Branch Ndps Cell Nagpur

2021-12-23Hon'Ble Shri Justice Vinay Joshi2 pages

1 10apeal573

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 573/2021 (Vishwananth @ Bandu Hiralal Yadav & anr. Vs State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. H. Rawlani, Advocate for appellants/applicants. Shri H. Dubey, APP for respondent/Non-applicant - State. CORAM : VINAY JOSHI, J.

DATED : 23.12.2021.

Heard 2.

Admit.

3.

Learned APP waives service of notice for respondent/State.

4.

Call for R. and P.

CRIMINAL APPLICATION (APPA) NO. 768/2021 1.

This is an application seeking suspension of execution of sentence in NDPS Special Case No. 32/2016, whereby the applicants were convicted for offence punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substance Act ('

NDPS Act'

) to suffer rigorous imprisonment for two years along with total fine of Rs. 20,000/-.

2.

During trial, the applicants were on bail and post conviction, the Trial Court has suspended the execution of

2 10apeal573 substantive sentence. The fine amount is deposited in the Trial Court. In view of that, execution of substantive sentence passed in NDPS Special Case No. 32/2016 is hereby suspended till final disposal of appeal. 3.

In the meantime, applicants Vishwanath @ Bandu Hiralal Yadav and Sk. Mohammad S/o. Sk. Nabi shall be released on bail upon same terms and conditions as imposed by the Trial Court while suspending sentence. JUDGE Gohane by JITENDRA BHARAT GOHANE Date: 2021.12.23 15:11:17 +0530 JITENDRA BHARAT GOHANE