MAKHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Appellant -applicant Makhan Singh by way of this application under Section 389 Code of Criminal Procedure seeks the suspension of sentence of imprisonment.

(2.) THE applicant Makhan Singh vide judgment and order dated 10.2.2003 has been convicted by the learned Sessions Judge, Sirsa for an offence under Section 15 of the NDPS Act. He has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 Lac and in default of payment of fine to further undergo rigorous imprisonment for two years.

(3.) A Division Bench of this Court in Daler Singh v. State of Punjab,, 2007(1) RCR(Crl.) 316 has 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 aforesaid guide -lines as laid down by the Division Bench have been fully met in the present case. Besides, the Constitutional mandate of Article 21 of the Constitution of India guarantees a right of speedy trial by the State of persons accused of an offence. An appeal is only an extension of the trial. Therefore, the Courts are obliged to ensure expeditious disposal of the appeals or pass appropriate orders as and when they feel that the right guaranteed by Article 21 of the Constitution of India is infringed. The present appeal is not likely to mature for hearing in the near future. Therefore, keeping in view the facts and circumstances of the present case as also the period undergone by the applicant, it would be just and expedient to suspend his sentence of imprisonment.