Sentence Should Be Suspended Normally When Appeal Is Unlikely To Be Heard Before Completion Of Sentence: Supreme Court

Recently, the Supreme Court reiterated that Courts should normally suspend sentences and grant bail in cases where an appeal challenging the conviction is unlikely to be heard before the completion of the entire sentence. “Before parting with order, we must note here that notwithstanding several decisions of this Court holding that when there is a fixed term sentence and especially when the appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted.,” ordered Justices Abhay S. Oka and Ujjal Bhuyan. Discontent with the approach of denying bail in such cases, the Division bench opined: “We find that in several deserving cases, bail is being denied. Such cases should never be required to be brought before this Court.” In the instant case, the appellant/ accused was convicted under section 489(c) of IPC (Possession of forged or counterfeit currency notes or bank notes). Per the prosecution's case, the appellant possessed fake currency notes worth Rs. 44,000/-. He was awarded five years of rigorous imprisonment alongwith the fine. Aggrieved, he challenged this before the High Court. While doing so, he also filed an application praying for bail and suspension of sentence. In the application, he also mentioned that he was in long custody for almost two and a half years. However, looking at the gravity of the crime and the evidence, the High Court refused to suspend his sentence. In this aforenoted background, the appeal was filed before the Top Court. The Apex Court noted that out of a five-year fixed-term sentence, the appellant has already undergone half of the sentence. “The appeal against conviction of the year 2022 is not likely to reach before he completes the entire sentence. Hence, a case is made out for grant of suspension of sentence pending the appeal and grant of bail.,” the Court added. In view of this, while allowing the appeal, the Court directed the Trial Court to enlarge the appellant on bail. This direction is to be followed till the final disposal of the appeal before the High Court.Case Title: ATUL @ ASHUTOSH vs. STATE OF MADHYA PRADESH., Diary No.- 41305 – 2023Citation : 2024 LiveLaw (SC) 93Click here to read/ download the order

Sentence Should Be Suspended Normally When Appeal Is Unlikely To Be Heard Before Completion Of Sentence: Supreme Court

Gyanvi Khanna

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