HC suspends sentence of 78-yr old rape convict, grants bail

Excelsior Correspondent

SRINAGAR, July 8: High Court has suspended the sentence of a 78-year-old convict in a rape case and granted him bail, holding that prolonged incarceration during the pendency of an appeal is justified suspension of sentence.

Justice Mohammad Yousuf Wani by allowing the bail application of convict Khurshid Ahmad said the prolonged incarceration during pendency of appeal coupled with advanced age and serious health ailments, justifies the suspension of sentence under (BNSS).

Justice Wani allowed the application of Ahmad, who had been sentenced to seven years' imprisonment under Section 376 RPC in FIR No. 191/2006 registered at Police Station Handwara.

The Court noted that the appellant had already undergone more than six years of imprisonment, was suffering from multiple age-related ailments, and his criminal appeal had remained pending since March 2021 with no immediate likelihood of disposal.

The Court observed that Section 430 BNSS empowers appellate courts to suspend the execution of a sentence and release a convict on bail pending appeal, provided reasons are recorded in writing.

"…while suspension of sentence is discretionary, courts must consider whether there are substantial grounds and whether there has been unreasonable delay in deciding the appeal", reads the order.

The court has taken note of the fact that the co-convict had already been granted bail on medical grounds and that continued detention without determination of the appeal would infringe the appellant's right to personal liberty under Article 21 of the Constitution.

The Court ordered suspension of the sentence and directed his release on bail upon furnishing personal and surety bonds of Rs. 1 lakh each, subject to conditions including regular appearance before the Court, refraining from criminal activity, and not leaving India without prior permission.