Sentence Imposed On Re-Convict Can Be Suspended If Expeditious Hearing Of His Appeal Not Likely: Punjab & Haryana HC Answers Reference

The Punjab & Haryana High Court has said that the sentence imposed on a person, who was already convicted in another case, can also be suspended when there's no likelihood of his appeal being heard expeditiously.

Division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma remarked that right to speedy trial under Article 21 is also available to "re-convicts". It said,

"the principle (of speedy trial) may be considered to be applied even to a re-convict, who craves the indulgence qua the execution of the substantive sentence of imprisonment becoming suspended during pendency of the appeal before this Court, especially when there is no likelihood of the appeal becoming expeditiously heard."

The bench said that the "prolonged custody of the convict" who has filed the appeal will be the governing factor for granting the relief of suspension of sentence under Section 389 CrPC, which is pari materia to Section 430 of the BNSS.

These observations were made while hearing the reference from the single judge wherein it deferred with the opinion of co-ordinate bench and referred the matter for the Larger Bench to decide, "whether the fact of repeat conviction under the NDPS Act would disentitle a convict from suspension of sentence."

After referring to catena of judgements, the Court opined that, "the prolonged incarceration of the convict, post his conviction, especially when the relevant appeal is unlikely to be heard within the shortest possible time, becomes stated therein, to be the relevant governing principle for granting the craved for indulgence to the convict/appellant."

While drawing the analogy, the Court stated that when a repeat offender, or "re-convict," is granted bail under Section 439 of the CrPC, it is subject to strict onerous conditions. If these conditions are not complied with, the bail is canceled. Similarly, suspension can be granted under Section 389 of the CrPC, also subject to strict conditions, and if those conditions are not complied with, the relief can be canceled.

Speaking for the bench Justice Thakur clarified that the application for suspension of a sentence of "re-convict" should not be rejected outrightly on the ground that he has already been convicted in another case.

In light of the above, the Court highlighted that "expeditious hearings" in criminal trial is of "utmost importance" and "constitutional guarantee endowed upon the convict, vis-a-vis, expeditious decisions becoming made upon his appeal, rather would become fully enlivened."

Mr. Gurinder S. Lalli, Advocate for the applicant/appellant.

Mr. Ankur Mittal, Advocate (Amicus Curiae) with Mr. P.P. Chahar, Advocate Ms. Kushaldeep Kaur, Advocate, Ms. Saanvi Singla, Advocate and Mr. Sakal Sikri, Advocate.

Title: NARINDER SINGH ALIAS MINTA v. STATE OF PUNJAB

Citation: 2024 LiveLaw (PH) 274

Click here to read/download the order