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Delay In Disposing Bail/Suspension Of Sentence Pleas A Travesty Of Justice: SC [Read Order]

Ashok Kini
8 April 2019 10:54 AM GMT
Delay In Disposing Bail/Suspension Of Sentence Pleas A Travesty Of Justice: SC [Read Order]
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"An application seeking suspension of sentence (in a criminal appeal) pending in Orissa HC since 2011."

Delay in disposing of applications for bail and suspension of sentence in pending criminal appeals would be a travesty of justice, said the Supreme Court while hearing a special leave petition filed by a convict whose plea to suspend sentence is pending in Orissa High Court for eight years. We are unable to comprehend as to why so many adjournments were granted in an application...

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Delay in disposing of applications for bail and suspension of sentence in pending criminal appeals would be a travesty of justice, said the Supreme Court while hearing a special leave petition filed by a convict whose plea to suspend sentence is pending in Orissa High Court for eight years.

We are unable to comprehend as to why so many adjournments were granted in an application for suspension of sentence, said the bench comprising Justice L. Nageswara Rao and Justice MR Shah.

SK Hyder was convicted in a murder case and sentenced to life imprisonment by the Trial Court. In March 2011, he filed appeal before the High Court along with the application for suspension of sentence. This application was first listed on 28th September, 2012 and was being continuously adjourned thereafter. Hyder then approached the Apex Court seeking relief.

The bench, perusing his application, directed the High Court to dispose of the application for suspension of sentence expeditiously within four weeks. Ecourts Case Status reveals that the High Court has posted the matters for orders tomorrow.

Section 389(1) in the Code of Criminal Procedure, provides that, pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.

In a judgment delivered in March 2017, the Supreme Court had issued significant directions to tackle the pendency of cases in criminal courts.

Read Order


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