Long List Of Criminal Appeals Pending Since 2008; No Possibility Of Hearing In Near Future: Rajasthan HC Allows Sentence Suspension Of Convict In Murder Case
The Rajasthan High Court allowed an application for suspension of sentence observing that there was no possibility of hearing the appeal in the near future noting the long list of criminal appeals pending since 2008.
The Jodhpur Bench noted that except for the fact that the applicant seeking the suspension of sentence was involved in an offence leading to his conviction for life, nothing was brought on record by way of aggravating circumstances for denial of suspension of sentence.
A Division Bench of Justice Dinesh Mehta and Justice Rajendra Prakash Soni observed, “It is to be noted that long list of criminal appeals even filed in the year 2008 are pending hearing; there is no possibility that the present appeal can be taken up for hearing in near future.”
Advocate Rajendra Choudhary represented the applicant, while P.P. B.R. Bishnoi appeared for the respondent.
The applicant was convicted and sentenced to life imprisonment by the trial court under the offence of Section 302 of the IPC. The applicant had been in custody for over 10 years during which he preferred an application for suspension of sentence under Section 389 of the Cr.P.C. during the pendency of the appeal.
The applicant argued on the solitary ground that he had remained in custody for more than 10 years and there was no likelihood of his appeal being taken up for hearing in the near future. The applicant referred to the 2022 Supreme Court's directives in Sonadhar v. The State of Chhattisgarh which advocated for bail for convicts who have served over ten years without their appeals being heard.
The Bench noted that a long list of criminal appeals filed since the year 2008 were pending hearing, which meant that there was no possibility that the present appeal could be taken up for hearing in the near future.
The Court stated that in the case of Saudan Singh (supra), observations were made regarding the grant of bail for convicts who have served long sentences and whose appeals are pending at the High Court, with certain exceptions indicated.
“In the present case as observed herein-before, the appellant-applicant has already undergone sentence for over 10 years and apparently, there are no chances of hearing of the present appeal in near future. Except for the fact that the appellant-applicant was involved in offence leading to his conviction for life, nothing has been brought on record by way of aggravating circumstances for denial of suspension of sentence,” the Court remarked.
Consequently, following the order in the case of Sonadhar Singh (supra), the Court suspended the substantive sentence of the applicant.
Accordingly, the High Court allowed the application.
Cause Title: Deepak Khorwal v. State Of Rajasthan (Neutral Citation: 2024:RJ-JD:14389-DB)
