Normally suspension of sentence & bail should be granted when appeal is not likely to be heard before completing entire period of sentence: Supreme Court
Justices Abhay S. Oka & Ujjal Bhuyan [02-02-2024]
Read Order: ATUL @ ASHUTOSH v. STATE OF MADHYA PRADESH [SC- CRIMINAL APPEAL No.579 of 2024]
New Delhi, February 12, 2024: Noting the fact that the appeal against conviction of the year 2022 was not likely to reach before the convict completed the entire sentence, the Supreme Court has held that a case is made out for grant of suspension of sentence pending the appeal and grant of bail.
The Division Bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan noticed that out of fixed term sentence of five years, the appellant-accused had already undergone half of the sentence.
The Bench also held that the appellant shall be produced before the Trial Court within a period of one week. The Trial Court has also been ordered to enlarge the appellant on bail on appropriate terms and conditions till the final disposal of the appeal before the High Court.
Thus, the Bench allowed the appeal and also opined, “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.”
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