Suspension of sentence pending appeal may be granted after substantial incarceration where hearing is unlikely soon.

Where a convict has already undergone substantial imprisonment and the appeal is unlikely to be heard soon, the sentence of imprisonment may be suspended pending appeal and bail granted on appropriate terms. The Court noted the long period of incarceration and the delay in appellate hearing, and considered the appellant's readiness to deposit the fine. Relief was granted by allowing release on bail during the pendency of the appeal, subject to the fine being secured to the satisfaction of the trial court.

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Issues: Whether the appellant was entitled to suspension of the sentence of imprisonment and release on bail pending hearing of the appeal, having regard to the long period of incarceration and the likelihood of delay in disposal of the appeal.

Analysis: The appellant had already undergone more than seven years of imprisonment and the hearing of the appeal was not likely in the near future. The Court took note of the appellant's readiness to deposit the fine and granted relief consistent with the need to avoid continued incarceration pending appellate consideration.

Conclusion: The appellant was entitled to suspension of the sentence of imprisonment during the pendency of the appeal and release on bail on depositing the fine, to be secured to the satisfaction of the trial court.

Final Conclusion: The appellant obtained interim protection against custody pending the High Court's consideration of the appeal.

Ratio Decidendi: Where a convict has already undergone substantial imprisonment and the appeal is unlikely to be heard soon, the sentence may be suspended and bail granted pending appeal on appropriate terms.

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