The Calcutta High Court on Tuesday suspended the life sentence of a man convicted for the rape of a minor under the POCSO Act, granting him conditional bail on the ground that his appeal has remained unheard since 2019 and earlier appeals are still pending. The Court clarified that it was not examining the merits of the conviction.
A Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Roy allowed the application filed by the appellant, Swapan Haldar, noting that he has already spent more than ten years and five months in custody, including both pre-conviction and post-conviction detention, with nearly seven years spent in custody after conviction.
Haldar had challenged his conviction and life sentence awarded by an Alipore court in 2019 in connection with a 2015 case registered at Maniktala police station for the rape of a minor girl. His counsel submitted that the appeal has not been taken up for hearing and that there are alleged loopholes in the prosecution case and in the judgment under challenge.
The State opposed the plea for suspension of sentence, contending that the testimony of the victim was sufficient to sustain the conviction.
The High Court observed that it was not entering into the merits of the case and was only considering the prolonged incarceration and delay in hearing the appeal. The Bench noted:
“We cannot also say with any degree of certainty when the appeal will be heard, since appeals filed much prior in point of time are yet to be heard.”
Granting relief on the “touchstone of Article 21”, which guarantees protection of life and personal liberty, the Court held that continued incarceration without the appeal being heard warranted suspension of the sentence.
The Bench recorded that the appellant has been in custody for about six years and eleven months post-conviction.
The Court directed that the operation of the conviction and sentence shall remain suspended until disposal of the appeal or further orders.
Haldar was directed to be released on bail upon furnishing bail bonds of ₹10,000 with two sureties of like amount, one of whom must be local.
The Court imposed additional conditions:
- He shall not leave the geographical limits of Usthi police station in South 24 Parganas district except for attending court proceedings
- He must report to the inspector-in-charge of Usthi police station once every month
- He shall remain personally present or be represented before the High Court when the appeal is taken up for hearing
The High Court reiterated that the suspension of sentence was granted solely on the ground of prolonged custody and delay in hearing the appeal, and not on an assessment of the merits of the conviction.
