Monday, 8 April 2019

Supreme court deprecated delay in disposal of bail application/ Suspension of sentence

We have perused the record and we are unable to comprehend
as to why so many adjournments were granted in an application
for suspension of sentence. Delay in disposing of applications
for bail and suspension of sentence in pending criminal appeals
would be a travesty of justice.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2287-
2288/2019

S. K. HYDER  Vs  THE STATE OF ODISHA 

Date : 03-04-2019 
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE M.R. SHAH



The petitioner was convicted for an offence under Sections
302 and 34 of the Indian Penal Code and sentenced to life
imprisonment by the Trial Court. On 16th March, 2011 he filed an
appeal under Section 374 (2) of the Cr.P.C. before the High

Court along with the application for suspension of sentence.
The application for suspension of sentence was initially listed
on 28th September, 2012 and was being continuously adjourned
thereafter. The last order passed by the High Court in the
application for suspension of sentence was on 6th February, 2018
when the matter was adjourned to enable the Government Advocate
to get instructions. The Special Leave Petitions are filed
against the said order of the High Court dated 6th February,
2018.
We were informed by Mr. Narender Hooda, learned senior
counsel appearing on behalf of the petitioner on the last date
of hearing that the application for suspension of sentence has
undergone more than 75 adjournments without the same being
decided on merits. By an order dated 01st March, 2019 we directed
the Registrar (Judicial), High Court of Orissa to transmit a
copy of the record of the application for suspension of sentence
(in Misc.Case Nos.615-616 of 2011 in Crl.A. No.240 of 2011) to
this Court to enable us to examine the reasons for repeated
adjournments that the application has undergone. A copy of the
record was transmitted by the Registrar (Judicial), High Court
of Orissa to this Court.
We have perused the record and we are unable to comprehend
as to why so many adjournments were granted in an application
for suspension of sentence. Delay in disposing of applications
for bail and suspension of sentence in pending criminal appeals
would be a travesty of justice.
We request the High Court to dispose of the application for

suspension of sentence (in Misc. Case Nos.615-616 of 2011 in
Crl.A. No.240 of 2011) expeditiously not later than four weeks
from today.
The Special Leave Petitions are disposed of.
Pending application(s) also stand disposed of.

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