The Calcutta High Court has suspended the sentence of two convicts, who have been in a correctional home for the past more than 10 years, saying that there lies no possibility of their appeals being heard within a reasonable time.
The Division Bench of Justices Rabindranath Samanta and Soumen Sen passed this order on October 8, while hearing a petition filed by Chand Saudagar alias Chand Swadagar and another.
This is the first application for suspension of sentence preferred by the accused appellants, aged 66 and 70 years, respectively. The petitioners submitted that in view of the fact that there is no possibility of the appeal being heard within a reasonable time, mercy can be shown to them by suspending the sentence after taking into consideration their conduct during custody.
The Court held that the report filed by the Superintendent of Berhampore Central Correctional Home showed that their conduct was quite satisfactory and nothing adverse was reported against the appellants. The views of the co-inmates also suggested that the petitioners were supportive and no complaint was found against them at the Correctional Home.
“The appellants have been in custody for over 10 years. We do not find that the appeal could be disposed of within a measurable time. In the aforesaid conspectus of facts, we feel that the liberty of the petitioners under Article 21 of the Constitution needs to be protected. Considering the long incarceration of the petitioners and having regard to the fact that there is no immediate possibility of the appeal being taken up for hearing on merits, we allow the application for suspension of sentence in the result the sentence of imprisonment shall stand suspended,” it observed.
The Bench ordered release of the petitioners on bail bond of Rs 10,000 each, with two sureties of like amount and directed them to remain present or be represented by an Advocate on all future dates of hearing of the appeals.
Read the order here:
chand-swadagar-anr-v-state-of-west-bengal