1. Appeal against conviction for offences under IPC. Suspension of sentence sought pending appeal. (Para 2 )
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2000 Supreme(SC) 1395
SUPREME COURT OF INDIA
K.T.Thomas : R.P.Sethi
Kiran Kumar
Versus
State Of M.P
Case No. : 725 of 2000
Date of Decision : 8/28/00
Important Points
For short-term imprisonment, the general rule is to suspend the sentence during the pendency of an appeal to prevent it from becoming infructuous, unless exceptional reasons or danger to society justify the rejection.
Subject
Criminal Law - Bail and Suspension of Sentence
Act Referred
Headnote
(A) Indian Penal Code - Sections 450, 376, 325 and 506 - Suspension of sentence during pendency of appeal - In cases of short-term imprisonment, the normal rule is that the sentence should be suspended pending appeal to prevent the appeal from becoming infructuous - Rejection of such suspension is an exception and must be supported by exceptional reasons or considerations such as danger to society (Para 3).
Facts of the case:
The appellant was convicted under Sections 450, 376, 325, and 506 of the Indian Penal Code, with a maximum sentence of seven years imprisonment. During the pendency of an appeal against the conviction, an application for suspension of the sentence was filed, which was rejected by the High Court.
Findings of Court:
The court observed that no exceptional reason had been shown in the impugned order for not suspending the sentence in this case.
Issues: Whether the sentence of a convict in a short-term imprisonment case should be suspended during the pendency of an appeal to avoid the appeal becoming infructuous.
Ratio Decidendi: In cases of short-term sentences, the general rule is to suspend the sentence while the appeal is pending to ensure the appeal does not become infructuous. Rejection of such suspension is an exception and requires the recording of specific exceptional reasons.
Result: Appeal disposed of; sentence suspended and appellant directed to be released on bail.
Facts of the case:
The appellant was convicted under Sections 450, 376, 325, and 506 of the Indian Penal Code, with a maximum sentence of seven years imprisonment. During the pendency of an appeal against the conviction, an application for suspension of the sentence was filed, which was rejected by the High Court.
Findings of Court:
The court observed that no exceptional reason had been shown in the impugned order for not suspending the sentence in this case.
Issues: Whether the sentence of a convict in a short-term imprisonment case should be suspended during the pendency of an appeal to avoid the appeal becoming infructuous.
Ratio Decidendi: In cases of short-term sentences, the general rule is to suspend the sentence while the appeal is pending to ensure the appeal does not become infructuous. Rejection of such suspension is an exception and requires the recording of specific exceptional reasons.
Result: Appeal disposed of; sentence suspended and appellant directed to be released on bail.
Legal Category Hierarchy
Table of Contents
2. Appellant sought suspension of sentence pending appeal; High Court rejected the application. (Para 2 )
3. No exceptional reason was shown for not suspending the short-term sentence; appeal would become infructuous otherwise. (Para 3 , 4 )
4. When convicted for a short-term sentence, suspension pending appeal is the rule; rejection is an exception. (Para 3 )
5. Sentence suspended; appellant to be released on bail upon executing a bond with two sureties. (Para 4 , 5 )
6. What is the normal rule regarding suspension of sentence during pendency of an appeal for short-term imprisonment?
The normal rule is to suspend the sentence; rejection should be an exception supported by strong reasons. (Para 3 )
7. When should an appellate court endeavour to post an appeal for early hearing?
Every endeavour should be made to have the appeal posted for early hearing and disposal when a short-term sentence is suspended. (Para 3 )
8. What consequence justifies suspension of a short-term sentence pending appeal?
If the short-term sentence is allowed to run out, the appeal would become practically infructuous for the appellant. (Para 3 )
(1) LEAVE granted.
(2) THE appellant stands convicted under Secs. 450, 376, 325 and 506 of the Indian Penal Code. The maximum sentence imposed on him is imprisonment for a period of seven years on the second count. He filed an appeal and that is pending. But during the pendency of the appeal he moved an application for suspension of the sentence but that was rejected by the High Court as per the impugned order. We are also told that the High Court has not directed the appeal to be boarded for hearing and disposal.
(3) THIS Court has held in Bhagwanram Shinde v. State of AIR Gujarat, 1999 (4) SCC 42] : that when a person is convicted and sentenced to a short term imprisonment the normal rule is that when his appeal is pending the sentence should be suspended and rejection is only by way of exception and be put forward for such rejection. In such case also every endeavour should be made to have the appeal posted for early hearing and disposal. If the short-term sentence is allowed to run out during the pendency of the appeal the appeal itself will become, for all practical purposes, infructuous so far as the appellant is concerned. It does not mean that the appellate Court should suspend the sentence, if its consequence would be danger to the society or any other similar difficulties.
(4) NO exceptional reason had been shown in the impugned order for not suspending the sentence in this case. We, therefore deem it appropriate to interfere with the said order. We suspend the sentence passed on the appellant during the pendency of the appeal and direct him to be released on bail on his executing a bond with two solvent sureties to the satisfaction of the trial Court.
(5) APPEAL is disposed of accordingly.
