Edwin Ndubusi v. The State (NCT of Delhi)

1. The present application has been filed by the appellant under Section 389 Cr.P.C. for suspension of sentence during the pendency of the appeal.

2. By way of this present criminal appeal, the Appellant has challenged the impugned judgment dated 08.01.2015 whereby the appellant has been convicted for the offence punishable under Section 21 of NDPS Act and vide order on sentence dated 21.02.2015 sentenced to undergo R.I. for 10 years and to pay fine of Rs.[1] Lakh, in default further S.I. for six months.

3. It is submitted by the counsel for the appellant that the appellant is in judicial custody since the date of his arrest i.e. 16.07.2012 for the last 9 2021:DHC:3764 years, the fact which is also not disputed by learned APP and the appeal of the appellant is not likely to be heard in near future in regular matters. He further submits that by the time the appeal of the appellant will be heard, the appellant would have served a major portion of the sentence. It is further submitted that the appellant is a young person and is not a previous convict. He is a foreign national and also not having any parokar. Learned counsel for the appellant prays that the sentence of the appellant be suspended till the disposal of the appeal.

4. Keeping in view the facts and circumstances of the case and the fact that appellant has already undergone 9 years out of the total sentence of 10 years awarded to him and the appeal is not likely to be heard in the near future, the sentence of the appellant awarded by the order dated 21.02.2015 is suspended till the disposal of the appeal and appellant is admitted to bail on the following conditions:-

(i) The Appellant shall furnish personal bond in the sum of Rs.25,000/with one surety in the like amount to the satisfaction of the concerned trial court/MM;

(ii) The Appellant shall provide his mobile phone number to the

Investigating Officer (IO) concerned – at the time of release, which shall be kept in working condition at all times. The Appellant shall not switch-off, or change the same without prior intimation to the IO concerned, during the period of bail;

(iii) The Appellant shall provide his residential address to the

Investigating Officer (IO) concerned – at the time of release. The Appellant shall not change the same without prior intimation to the IO concerned, during the period of bail;

(iv) The Appellant shall mark his attendance to the SHO/IO concerned and keep him informed of his whereabouts every Friday between 11:00 A.M. to 11:30 A.M. and between 5:00 P.M. to 6:00 P.M. through video call and if a video call is not possible, he may send SMS apropos his whereabouts, as well as “drop-a-pin” on location app to indicate his location. The IO’s telephone number shall be provided to the learned counsel for the Appellant.

(v) The Appellant shall not leave the NCT of Delhi without the prior permission of the concerned trial court.;

(vi) The Appellant shall not indulge in any criminal activity during the bail period; and

5. The appellant shall not indulge in any illegal activities and he should not leave India without prior permission of the court below.

6. The appellant shall remain present in Court at the time of hearing of the appeal.

7. The application is disposed of accordingly.