Criminal Procedure Code, 1973
Section 389—Order passed by the High Court granting relief of suspension of sentence and bail to respondent/accused pending an appeal against the conviction—Appeal—Respondent was convicted for an offence punishable under the NDPS Act—Submission that unless the respondent had undergone sentence for the one-half period, he was not entitled to bail pending the final hearing of the appeal against conviction—If a case is made out for the grant of suspension of sentence and/or bail is deserving cases on merits, the court is not powerless to grant relief of suspension of sentence and bail pending an appeal, even if an accused has not undergone half of the sentence—There cannot be a rule of thumb that a convict cannot be released on bail pending an appeal against conviction unless he has undergone half of substantive sentence—If an accused has undergone a substantial part of the substantive sentence and, considering the pendency of criminal appeals, his appeal is not likely to be heard before the accused undergoes the entire sentence, the appellate court can exercise the power of releasing the accused on bail pending the appeal—If the relief of bail is denied in such a factual situation only on the grounds of Section 37 of the NDPS Act, it will amount to the violation of the rights of the accused under Article 21 of the Constitution of India—Appeal preferred by the respondent is not likely to be heard before he undergoes the entire sentence—Respondent has already undergone a substantial part of his sentence—No reason found to interfere with impugned order—Appeal dismissed.
[Paras 6 to 8]