Long list of criminal appeals pending for hearing: Rajasthan High Court suspends sentence of life convict who has served 10 years

Long list of criminal appeals pending for hearing: Rajasthan High Court suspends sentence of life convict who has served 10 years

In a significant development, the Rajasthan High Court has suspended the life sentence of Deepak Khorwal, who was convicted of murder, and granted him bail pending the resolution of his appeal. This decision, anchored in Section 389 of the Code of Criminal Procedure (CrPC), underscores the court’s commitment to ensuring justice and fair treatment for all individuals, even those convicted of severe crimes.

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Legal Basis: Section 389 CrPC

Section 389 of the CrPC provides that if an appeal is pending in a case where a person has been convicted, the appellate court may suspend the sentence and release the individual on bail. This provision ensures that the appellate process is not rendered ineffective due to prolonged incarceration, especially in cases where the appeal hearing is significantly delayed.

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Case Background

Deepak Khorwal, who has been in custody for over ten years, filed an application under Section 389 CrPC, arguing that there was no likelihood of his appeal being heard in the near future. The prolonged delay in the appellate process was central to his plea for suspension of his sentence and release on bail.

Court’s Consideration

The bench, led by Justice Dinesh Mehta, carefully evaluated the arguments presented by both sides. The court acknowledged that Khorwal had already served more than a decade in prison, and there was no immediate prospect of his appeal being heard. Justice Mehta observed:

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“Appellant-applicant has already served over 10 years of his sentence. Clearly, there is no likelihood of the current appeal being heard in the near future. Apart from the fact that the appellant-applicant is involved in an offense for which he has been sentenced to life imprisonment, no severe circumstances have been brought on record to deny the suspension of the sentence.”

Supreme Court Precedents

The applicant’s counsel cited notable Supreme Court cases, including Sonadhar vs. State of Chhattisgarh and Saudan Singh vs. State of Uttar Pradesh. In these cases, the Supreme Court emphasized that, barring exceptional circumstances, bail should be granted to convicts who have served a substantial part of their sentence while their appeal is pending. These precedents played a crucial role in shaping the High Court’s decision.

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Government’s Argument

On the other hand, the government counsel opposed the application, arguing that the crime committed was heinous and suspending the sentence would send an adverse message to society. Despite these arguments, the court found no compelling reason to deny the suspension of the sentence.

Court’s Decision

In conclusion, the court accepted the application, suspended the original sentence pending appeal, and granted bail to Deepak Khorwal. This decision reflects a balanced approach, taking into consideration the time already served by the appellant and the delays in the appellate process.

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Implications for the Legal Community

This ruling has significant implications for the legal community and convicts awaiting appeal:

1. Fairness in Justice: It underscores the importance of fairness and justice, ensuring that convicts are not unduly punished due to delays in the judicial process.
2. Precedent for Future Cases: The decision sets a precedent for similar cases, reinforcing the applicability of Section 389 CrPC in ensuring timely justice.
3. Judicial Efficiency: Highlights the need for increased efficiency in the appellate process to avoid prolonged incarceration without hearing.

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Conclusion

The Rajasthan High Court’s decision in the case of Deepak Khorwal vs. State of Rajasthan serves as a crucial reminder of the judicial system’s responsibility to uphold justice, even in the face of severe crimes. By suspending the life sentence and granting bail, the court has demonstrated a commitment to ensuring that the rights of individuals are protected, and that the appellate process remains meaningful and effective.

Case Title: Deepak Khorwal vs. State of Rajasthan