MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This application has been filed for suspension of sentence of imprisonment during the pendency of the appeal. Learned counsel for the applicant-appellant has submitted that the applicant is in custody since 18.2.2002 after his conviction. He has also undergone about one and half months as an under-trial prisoner. He has submitted a jail custody certificate dated 13.3.2007. During his imprisonment the appellant has also availed parole and the actual sentence undergone after deducting the parole is about four and half years. Therefore, it is contended that in the light of the observations of this Court in Daler Singh v. State of Punjab, 2007 (1) RCR (Cr.) 316 (DB) the Cr. Misc. No.1039/2007 in Cr. A. No.481-SB of 2002

(2.) applicant is entitled to the concession of suspension of sentence of imprisonment. In response, learned counsel for the State submits that applicant was apprehended at his house while he was selling poppy husk and, therefore, he is not entitled for suspension of the sentence of imprisonment. I have given my thoughtful consideration to the matter. As per prosecution case a raid was conducted by the Police at the house of the applicant and a gunny bag and a plastic bag were recovered which were lying in front of his house. The gunny bag contained 40 Kgs. and the plastic bag contained 20 Kgs. of poppy husk. He has admittedly been in custody for a period of about four and half years. He has also availed of parole during the period of imprisonment. The hearing of the appeal is not likely to mature in the near future. The applicant has been convicted to rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 Lac. The recovery of fine was stayed at the time of admission of the appeal on 21.3.2002. In Daler Singh's case (supra) it was inter alia held that where the convict is sentenced for ten years for having in his conscious possession commercial quantity of contraband he shall be entitled to bail if he has already undergone a total sentence of four years which must include at least 15 months after conviction. The guide-lines laid down have been met. The hearing of the appeal is not likely to mature in near future. Article 21 of the Constitution guarantees right of speedy trial which includes right to hearing of the appeal expeditiously. In the afore-noticed circumstances the applicant is entitled to the concession of suspension of sentence of imprisonment. Consequently, the criminal miscellaneous application is Cr. Misc. No.1039/2007 in Cr. A. No.481-SB of 2002

(3.) allowed. The sentence of imprisonment of the applicant during the pendency of the appeal shall remain suspended subject to the applicant's furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Sirsa. March 16, 2007. (S.S. Saron) Judge *hsp*