Supreme Court: Sentence Should Be Suspended Normally When Appeal Is Unlikely To Be Heard Before Completion Of 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. 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 SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.579 of 2024

ATUL @ ASHUTOSH  Vs STATE OF MADHYA PRADESH 

Dated: February 02, 2024

Heard learned counsel for the parties.

Leave granted.

Out of fixed term sentence of five years, the appellant accused

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. For that purpose, the appellant shall be

produced before the Trial Court within a period of one week from

today.

The Trial Court shall enlarge the appellant on bail on

appropriate terms and conditions till the final disposal of the

appeal before the High Court.

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. We find that in several deserving cases, bail is being

denied. Such cases should never be required to be brought before

this Court.

The appeal is allowed in the afore-stated terms.

Pending application(s) shall stand disposed of.

...................J.

[ABHAY S.OKA]

...................J.

[UJJAL BHUYAN]

New Delhi

February 02, 2024

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