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HIGH COURT OF GUJARAT
S.V. PINTO
Vikram @ Kau S/o Ramesh Nayak – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
ORDER IN CRIMINAL APPEAL:
Admit. Learned APP waives service of admission for and on behalf of the respondent State.
ORDER IN CRIMINAL MISC. APPLICATION:
1. By way of the present application under Section 430(1) of the Bharatiya Nagarik Surakhsha Sanhita, 2023, the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal against the judgment and order of conviction dated 20.02.2023 passed in Sessions Case No. 245/2021 by the learned Sessions Judge, Surat, whereby, the present applicant - accused was sentenced to seven years rigorous imprisonment and fine of Rs. 5,000/- and in default, two month rigorous imprisonment for the offence punishable under Section 379A(3) read with Section 114 of Indian Penal Code.
2. Learned Advocate Mr. K.T. Beladiya for the applicant submits that the applicant has been sentenced for a fixed period of seven years and the applicant has already completed more than half of the awarded sentence i.e. substantial period of 4 years, 11 months and 07 days in jail and the application may be considered in light of the decisions of the Apex Court in the case of Saudan Singh Vs. State of Chhatisgarh pa
Suspension of sentence and bail may be granted if the applicant has served more than half of a fixed term sentence and the appeal is unlikely to be heard before the sentence is completed.
The main legal point established in the judgment is the consideration of suspension of sentence and bail for persons who have completed 10 years of sentence and whose appeal is not in proximity of he....
Excessive duration of custody during appeal undermines constitutional rights, warranting suspension of sentence under NDPS Act when significant time has been served and appeal hearings are delayed.
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
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