Convict granted suspension of remaining sentence after serving 8 years 11 months of 12-year poppy husk sentence

Punjab and Haryana HC granted suspension of remaining sentence to appellant convicted for selling poppy husk, who had served 08 years 11 months 19 days of 12-year sentence. Court relied on right to speedy trial under Article 21, citing delayed appeal hearing due to COVID-19 pandemic. Despite appellant being prior convict, HC found exceptional circumstances warranted suspension of remaining sentence, ordering release on bail with surety bonds to satisfaction of Chief Judicial Magistrate/Duty Magistrate.

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Issues Involved:

1. Suspension of sentence under Section 389 Cr.P.C.
2. Alleged violation of procedural safeguards under Section 42 of the NDPS Act.
3. Consideration of prior convictions in bail applications.
4. Right to a speedy trial under Article 21 of the Constitution of India.
5. Impact of COVID-19 on the hearing of appeals.

Issue-wise Detailed Analysis:

1. Suspension of Sentence under Section 389 Cr.P.C.:
The applicant sought suspension of his remaining sentence during the pendency of the appeal. The applicant had been convicted under Section 15(c) of the NDPS Act and sentenced to twelve years of rigorous imprisonment with a fine. The court considered the applicant's substantial completion of his sentence, having already served approximately 09 years of the 12-year sentence. The court acknowledged the guidelines from previous judgments, such as 'Daler Singh vs. State of Punjab,' which allow for the suspension of sentences in cases where the convict has served a significant portion of their sentence, especially when the appeal is unlikely to be heard soon.

2. Alleged Violation of Procedural Safeguards under Section 42 of the NDPS Act:
The applicant argued that there was a violation of procedural safeguards, particularly the absence of independent witnesses during the search and discrepancies in prosecution witnesses' statements. While these arguments were noted, the court did not delve deeply into these issues as the primary focus was on the suspension of the sentence due to the delay in hearing the appeal.

3. Consideration of Prior Convictions in Bail Applications:
The State opposed the suspension of the sentence, citing the applicant's prior convictions. The court recognized the applicant's previous convictions but noted that he had already served the sentence for one and was granted bail in another. The court emphasized that while prior convictions are relevant, they should not indefinitely bar the applicant from bail, especially when the appeal is delayed.

4. Right to a Speedy Trial under Article 21 of the Constitution of India:
The court reiterated that the right to a speedy trial and expeditious disposal of appeals is a fundamental right under Article 21. Delayed trials or appeals can entitle an accused or convict to the suspension of their sentence. The court cited several precedents, emphasizing that undue delay, not attributable to the accused, could justify bail or suspension of the sentence.

5. Impact of COVID-19 on the Hearing of Appeals:
The court acknowledged the impact of the COVID-19 pandemic on the judicial process, noting that the appeal was unlikely to be heard soon due to pandemic-related delays. This factor was significant in the court's decision to suspend the applicant's sentence, as the pandemic has exacerbated existing delays in the judicial system.

Conclusion:
The court allowed the application for suspension of the sentence, permitting the applicant to be released on bail, subject to furnishing necessary surety bonds. The court emphasized that if the applicant committed a similar offense while on bail, the State could seek cancellation of the bail. The court clarified that its decision should not be construed as an opinion on the merits of the case.

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