Code of Criminal Procedure, 1973–Sec. 389–Fifths application for suspension of the sentence–First application was dismissed on the merits of the case and fourth application was dismissed with the observation that the sentence cannot be suspended simply because the petitioner has served out half of the sentence–Petitioner has been acquitted in all other cases except the present case–He remained behind the bars for a period of five years and two months out of the total sentence of seven years–Grant of bail in the present case is not restricted as the conviction is not under the NDPS Act or other like provision–Held, this Court is persuaded to suspend the sentence of the petitioner.
