Suspension of sentence pending appeal granted after more than half the substantive term was served and hearing delay was likely.

Suspension of sentence pending appeal was considered under Section 389 CrPC where the appellant, convicted under the NDPS Act and serving concurrent rigorous imprisonment terms, had already undergone more than seven years and eight months of custody. The Court applied the principle that, in non-life imprisonment cases, completion of about 50% of the substantive sentence is a relevant ground for suspension, especially when the appeal is unlikely to be heard soon. On that basis, the sentence was suspended and bail was granted subject to bond, surety, and compliance with conditions.

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Issues: Whether the appellant was entitled to suspension of sentence pending appeal on the ground that he had undergone more than half of the substantive sentence and the appeal was likely to take time.

Analysis: The application was considered under Section 389 of the Code of Criminal Procedure, 1973. The appellant had been convicted under the NDPS Act and sentenced to 15 years' rigorous imprisonment on the relevant counts, with the sentences directed to run concurrently. The nominal roll showed that he had already undergone more than 7 years and 8 months of custody. The Court applied the principle that, in cases other than life imprisonment, completion of about 50% of the actual sentence is a relevant basis for suspension of sentence, particularly where the appeal is unlikely to be heard soon.

Conclusion: The sentence was suspended and the appellant was granted bail subject to furnishing personal bond and surety and complying with the stated conditions.

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