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TMI Blog2021 (12) TMI 1395X X X X Extracts X X X X X X X X Extracts X X X X ..... out of ten years of the total sentence which has been imposed on him, we are of the view that a fit and proper case has been made out for the suspension of the sentence under Section 389 CrPC. The impugned order of the High Court is set aside - the sentence of the appellant shall remain suspended under Section 389 CrPC, subject to such terms and conditions as may be imposed by the Special Judge, NDPS, Patiala House Courts, New Delhi - appeal allowed. - Criminal Appeal No 1562 of 2021 (Arising out of SLP(Crl) No 8647 of 2021) - - - Dated:- 6-12-2021 - Dr. Dhananjaya Y. Chandrachud And A.S. Bopanna, JJ. For the Petitioner : Ms. Tanya Agarwal, Adv., Ms. Eliza Siram, Adv., Mr. Anil Kumar, AOR. For the Respondent : Mr. Sanj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned to allow a suspension of sentence on the ground that the appellant had not completed fifteen months in Jail after the order of conviction was passed. The High Court noted that, as a matter of fact, according to the nominal roll dated 18 February 2021, he had undergone seven years and two months in custody. 6 In taking the above view, the High Court relied on the following extract from the judgment of the Punjab and Haryana High Court in Daler Singh v State of Punjab [(2006) SCC Online P H 1591] : 29. We, therefore, feel that keeping in view the spirit of Article 21, the following principles should be adopted for the release of the prisoners (convicts) on bail after placing them in different categories as under :- (i) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... May 2020] , the High Court of Delhi has taken the view that where the convict is sentenced for ten years for having in his conscious possession a commercial quantity of the contraband, he shall be entitled to bail after undergoing a total sentence of four years which must include at least fifteen months after conviction. 8 While entertaining the Special Leave Petition on 18 November 2021 and issuing notice, this Court adverted on the following submissions which were urged by learned counsel in support of the petition: (i) The petitioner has undergone almost eight years of actual imprisonment out of the total sentence of ten years following the conviction under the provisions of Section 29 of the Narcotics Drugs and Psychotropi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to be heard early. In all probability, the entire sentence would have been undergone by the time the appeal is heard. The decisions on the basis of which the High Court of Delhi has declined to grant suspension of sentence, are, at the highest, a broad guideline and cannot be placed on the same pedestal as a statutory interdict. With the pendency of the work in the High Court, it may not be feasible to expedite the disposal of the appeal within a short period. 13. In the circumstances, particularly, since the appellant has undergone 8 years out of ten years of the total sentence which has been imposed on him, we are of the view that a fit and proper case has been made out for the suspension of the sentence under Section 389 CrPC. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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