HEGEDUS LAHEL CSABA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Section 389 read with Section 482 of the Cr.P.C. for temporary suspension of the sentence of the appellant for a period of three months on the ground that he wants to marry a certain Ms. Elisabeth Gulbrandsen.

(2.) The appellant stands convicted for the offence under Section 20(B)(ii) and Section 23 read with Section 28 of the NDPS Act (in short the Act) and has been sentenced to undergo RI for ten years and to pay a fine of Rs. 1.00 lac and in default of payment of fine, to further undergo RI for six months. An appeal filed by the appellant against his conviction and sentence is pending disposal. The application has been made with the averments that at the time of his arrest the appellant was to marry his fiancee Ms. Elisabeth Gulbrandsen but due to his arrest, the marriage ceremony could not take place. The appellant has an old father aged about 80 years and wants the appellant to marry in his lifetime. The fiancee of the appellant has waited for more than seven and a half years for the appellant to come out of the jail but she is now prepared to marry him even when he is in custody. The British High Commission has issued a certificate stating that there is no general objection to the British nationals marrying in India. The marriage is proposed to be solemnized at a Church in Delhi in accordance with the rites of the parties. For the solemnization of the marriage, etc., it is prayed that the sentence of the appellant be temporarily suspended for three months and he be released on bail.

(3.) The application is opposed on behalf of the respondent / UOI and reply has been filed stating that earlier two applications for suspension of sentence moved on behalf of the appellant have been dismissed. It is stated that the appellant is a British national having been convicted and sentenced for serious offences and keeping in view the past sad experience of the Department that whenever a foreigner has been granted bail, he/she absconded, there is every possibility that the appellant, who has no interest in India, shall not be available if his sentence is suspended and he is released on interim bail. The ground of marriage is contested. However, it is stated that if the appellant wants to marry, the Department has no objection, but the marriage should take place while the appellant is in custody and the Department has no objection if the Superintendent, Jail is directed to have the appellant escorted to the Church by guards in plain clothes. It is pleaded that suspension of sentence is not required for the purpose of marriage and in the alternative, it is pleaded that if the fiancee of the appellant had waited for seven and a half years, she can wait a little more till such time the appellant undergoes the remaining sentence. On the strength of several authorities rendered by the Supreme Court and this Court, it is urged that the appellant is not entitled to even temporary suspension and release on bail.