Bail In Ndps Case After Conviction In High Court Chandigarh
Bail is well understood in criminal jurisprudence and Chapter XXXIII of the Code of Criminal Procedure contains elaborate provisions concerning grant of bail. Bail is granted to an individual who has been arrested during a non-bailable offence or has been convicted of an offence after trial. The effect of granting bail is to release the accused from internment through the Court would still retain constructive control over him through the sureties. In case the accused is released on his own bond such constructive control could still be exercised though the conditions of the bond secured from him. The literal meaning of the word ‘bail’ is surety. Bail after conviction is generally known as Suspension of Sentence.
The Indian penal code allows the judges to give the punishment to the person who commit the crime. The Indian penal code describe punishment and penalties for each offence mentioned in the Act. Like Indian penal code all others Criminal Act (those offences not covered by Indian penal code) also describe the punishment and penalties for the crime. In the each Criminal Act For every crime only maximum punishment may be described and for some offences minimum punishment also mentioned. But for which offence what punishment should be given it’s not prescribed in the Act. For example if a accused having possession of non-commercial and Commercial quantity of contraband then minimum punishment is ten years and maximum punishment is twenty years but not prescribed exact punishment should be given. In this situation judges has wide discretion in awarding the sentence. Some Judges are lenient and some judges are harsh. Exercise of unguided discretion is not good even if it is the Judge that exercises the discretion. In some countries guidance regarding sentencing option is given within the legal code.
Prescribed Sentence in NDPS Case –
The original Narcotic Drugs and psychotropic substances Act as incorporated in the year 1985 provided for minimum sentence of ten years and fine of Rs. 1,00,000/- and will reach twenty years and a fine of Rs. 2,00,000/-, regardless of the number of the contraband, except in cases of young men below 18 years aged or where a minor quantity of narcotics meant for consumption of the individual was involved. In some cases the sentence could reach even execution.
Appeal against Conviction in NDPS Case –
As per the constitutional scheme is an accused is eligible to a speedy trial and speedy justice. An appeal is a continuation of trial. His right to liberty is fundamental one but some provisions relating to halt his liberty could be enacted and the same, if reasonable, could be taken as valid. Absolute bar as to halt liberty of the accused, even if the delay in final disposal of the appeal is not attributable to him, can certainly be said to be against the intent and spirit of the elemental Rights and would be violative of the Constitutional mandate.
As such the freedom of the accused can’t be removed absolutely for an indefinite period. if liberty of an accused is halted unreasonably, then his right to appeal are going to be defeated; his destiny are going to be unimaginable if he’s ultimately acquitted after he has undergone almost the entire sentence or major chunk of it, and nobody would come to explain the justification for the period of his confinement during which he remained in custody till the disposal of the appeal. The plight of such convicts can rather be imagined.
Guidelines created by the Court for granting the bail in after the conviction or during pendency of appeal in NDPS Case –
The Declaration of Section 32A of the NDPS Act, who debar the court from suspension of sentence to be unconstitutional, in so far as it affects the functioning of the courts in the country, would not render the whole of the section invalid, the restriction imposed by the offending section being distinct and severable. The Apex Court further declared that the Courts are empowered to suspend the sentence and grant bail while keeping in view the provisions of Section 37 of the Act. But the thrust of the Apex Court was to give primacy to the fundamental right of the accused of a speedy trial and speedy justice.
Therefore court created the some guideline for suspension of sentence/bail to convicts of Ndps cases whose appeal is admitted and not heard likely in near future. The Court divided in three category to ndps case for granting the bail after the conviction.
- When conviction is more than 10 years in ndps case –
When the accused is possession of commercial quantity and same thing is proved in the court by the prosecution, then court pronounce the conviction 10 years to 20 years. in that case accused can be release on bail after conviction on the half of the sentence. For example if accused convicted for 12 years then accused can release on bail after 6years of sentence. Out of theses six years accused must be remained fifteen months behind the bar after conviction.
- When Conviction is 10 years in ndps case –
When the accused is possession of commercial quantity and same thing is proved in the court by the prosecution, then court pronounce the conviction 10 years. in that case accused can be release on bail after the four years of the sentence. Out of these four years accused must be remained fifteen months behind the bar after conviction.
- When Conviction is 10 years in ndps case –
When the accused is possession of merely marginally more than non-commercial quantity and same thing is proved in the court by the prosecution, then court pronounce the conviction 10 years. in that case accused can be release on bail after c the three years of the sentence. Out of these three years accused must be remained twelve months behind the bar after conviction.