A convict who has served substantial time in custody may have their sentence suspended pending appeal if no extenuating circumstances exist against such bail.

ORDER :

1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 01.08.2019 passed by the learned Sessions Judge, Dungarpur, in Sessions Case No.07/2016:

2. The appellant-applicant has preferred the application for suspension of sentence under Section 430 B.N.S.S. for suspension of sentence during the pendency of the appeal and for release on bail.

3. No one appeared on behalf of the accused-applicant.

4. On perusal of the file, it appears that the applicant is in custody for about 10 years (including remission) and there is no chance of hearing of the appeal in near future, thus, in view of the directions of the Hon’ble Supreme Court dated 15.09.2022 in Sonadhar v. The State of Chhattisgarh, SLP (Crl.) No. 529/2021, the sentence of the applicant ought to have been suspended and he should be enlarged on bail.

5. Further, there are no reasons and/or extenuating circumstances for denial of bail. In the case of Saudan Singh v. State of Uttar Pradesh, SLP (Crl.) No. 4633/2021 decided on 05.10.2021, observations have also been made regarding grant of bail in the appeal at the High Court stage except certain exceptions and that none of the exceptions are applicable in the present case.

6. Learned Public Prosecutor opposed the application for suspension of sentence with the submission that as the appellant- applicant has committed heinous offence, suspension of sentence of such offender would send adverse message in the society. However, he has not denied that the appellant-applicant has already undergone sentence of about 10 years (including remission) during trial and after sentence.

7. We have perused the file and the material available on record and considered the submissions made by learned Public Prosecutor.

8. Looking to the fact that criminal appeals pertaining to year 2008 also are pending for hearing, there is no likelihood of hearing of the present appeal in near future.

9. The Hon’ble Supreme Court in the case of Sonadhar (supra), while dealing with SMW (Crl.) No.4/2021 pertaining to ‘life convicts in jail whose appeals are pending before the High Court inter-alia, issued the following directions:-

“We consider appropriate to issue directions in terms of the aforesaid suggestions to the Patna High Court and on a pari materia basis to even the other High Courts. However, in order to carry out this exercise, the data would have to be compiled of such of the persons who have been in custody for more than 10 years and more than 14 years, with these persons being considered for grant of bail pending appeal, if there is no chance of hearing of the appeal in the near future, unless there are reasons for denial of bail. We can understand if any of the parties is delaying the appeal itself but short of that, we are of the view that all persons who have completed 10 years of sentence and appeal is not in proximity of hearing with no extenuating circumstances should be enlarged on bail.”

10. Prior to that in the case of Saudan Singh (supra) also observations were made regarding grant of bail in cases where convicts have undergone sentence for sufficiently long time and appeals were pending at the High Court stage with exceptions indicated therein.

11. In the present case as observed herein-before, the appellant- applicant has already undergone sentence for about 10 years and apparently, there are