The Supreme Court allowed the appellant’s prayer for suspension of sentence and granted bail, setting aside the Rajasthan High Court’s earlier refusal to suspend the sentence.
The appellant was convicted under Section 8/18(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and sentenced to 10 years rigorous imprisonment and fine. He sought suspension of the sentence under Section 389 CrPC, pending disposal of the criminal appeal challenging the conviction and sentence. The appellant contended that co-convict Sanjay Kumar was granted bail under similar circumstances, thus claiming parity.
The Rajasthan High Court (Jaipur Bench) rejected the appellant’s plea for suspension of sentence vide order dated 28 April 2025. The criminal appeal was still pending after around two years, and the appellant had been in custody for approximately two years and five months.
The appellant’s counsel argued for parity with the co-convict and the delay in final hearing of the appeal as grounds for bail.
The Bench comprising Justice Dipankar Datta and Justice Augustine George Masih allowed the appeal and granted bail, setting aside the High Court order. The Court noted the appellant’s long custody period and the pending duration of the criminal appeal, with no likely early final hearing.
The Court granted bail, noting the precedents on parity with co-accused. Conditions for bail were left to be fixed by the trial court. It was clarified that the grant of bail should not be treated as having any bearing on the merits of the conviction.
Case relied on:
1. Kashmira Singh vs. State of Punjab, 1977 (4) SCC 291
Appearances:
For the Petitioner: Mr. Namit Saxena, AOR
For the Respondent: Mr. Divynk Panwar, Mr. Kshitij Mittal, Advs.; Ms. Nidhi Jaswal, AOR
