Suspension of sentence is warranted when a convict has served approximately 50% of their sentence and the appeal is unlikely to be heard soon, particularly when the convict is a senior citizen with health issues, to prevent violation of Article 21 of the Constitution.

IA ORDER

1. Rule. Learned APP Ms. C.M. Shah waives service of notice of rule for the respondent – State.

2. By way of present application under Section 430 of the BNSS the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order passed in Special (NDPS) Case No.13 of 2022 by the learned Special (NDPS) Judge, Kachchh at Bhuj on 17.04.2025 whereby, the learned Judge has sentenced the applicant – original accused to undergo rigorous imprisonment for 08 years and fine of Rs. 50,000/-, and in default, simple imprisonment for 06 months for the offence punishable under Sections 8(C), 20(A) and 20(2) of the Narcotics Drugs and Psychotropic Substances Act and rigorous imprisonment for 08 years and fine of Rs. 50,000/-, and in default, simple imprisonment for 06 months for the offence punishable under Sections 8(C) and 20(B) of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act). The learned Trial Court was pleased to order that both the sentences shall run concurrently.

3. Heard learned advocate Mr. Ashish Dagli for the applicant – accused and learned APP Ms. C.M. Shah for the respondent – State.

4. Learned advocate Mr. Ashish Dagli for the applicant – accused submits that the applicant is a senior citizen aged 67 years and has undergone almost half of the awarded sentence i.e. substantial period of 03 years, 11 months and 07 days in jail. The applicant is suffering from many age related health issued and including dental problems, hernia and skin problems with eyelid eczema, etc. In support of his submission, learned advocate for the applicant has placed reliance upon the decision of the Hon’ble Apex Court in cases of Mossa Koya Vs. State (NCT of Delhi) reported in 2021 SCC Online 3110, Saudan Singh Vs. State of Chhatisgarh passed in Special Leave to Appeal (Crl) No. 4633 of 2021 and Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421. Learned advocate further submits that the present appeal is not likely to be heard in near future and hearing of the same would take a long time and hence, no purpose would be served by keeping the applicant in jail for indefinite period with hardened criminals. The applicant has a good case on merits and hence, the order of the sentence may be suspended and the applicant may be released on regular bail on appropriate terms and condition.

5. Learned APP Ms. C.M. Shah for the respondent – State has strongly objected to the submissions made by the learned advocate for the applicant and have submitted that the learned Trial Court has rightly convicted the present applicant as he has been involved in a very serious offence, however, necessary orders may be passed in the interest of justice. Learned APP has submitted the jail remarks which shows that the applicant has undergone 03 years, 11 months and 07 days in jail.

6. On perusal of the paper book and documents produced on record by the learned advocate for the applicant, prima facie, it appears that the applicant has dental issues and has also been operated for bilateral inguinal hernia and has other skin related ailments also. Considering the fact that the applicant has undergone almost half of the sentence awarded, the arguments of the learned advocate for the applicant deserves consideration.

7. The Apex Court, in the case of Mossa Koya Vs. State (NCT of Delhi) reported in 2021 SCC Online 3110, has observed in Paragraph