Counsel submits that admittedly, no recovery was made from the possession of the appellant and he has been convicted solely on the basis of the fact that vehicle in question in which co-accused persons were carrying the contraband, was registered in the name of applicant. Counsel submits that the benefit of suspension of execution of sentence has already been extended by co-ordinate Bench of this Court to co-accused, namely Vinod S/o Ramprasad, who is one of co-accused persons from whom possession the contraband was found. Counsel submits that sentence imposed by the learned trial Court is four years. He relies upon the judgment passed by Hon’ble Supreme Court in the case of Bhagwan Rama Shinde Gosai & Ors. Vs. State of Gujarat reported in (1999) 4 SCC 421 wherein, it has been held that when a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the Appellate Court liberally unless there are exceptional circumstances. It is submitted that the applicant remained on bail throughout the trial and there is no allegation that he ever misused the liberty of bail or attempted to interfere with the course of justice. Counsel submits that looking to the large pendency of criminal appeals before this Court, there is no immediate prospect of this appeal being heard and disposed of in near future. Counsel further submits that in these circumstances, it is urged that the execution of sentence imposed upon the applicant deserves to be suspended during the pendency of appeal.
