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SUPREME COURT OF INDIA
T.S. Thakur, CJI., A.M. Khanwilkar, JJ.
Mithu Pasi & Anr. - Appellants
Versus
State of Jharkhand - Respondent
Crl. M.P. 5881 of 2016 in Criminal Appeal Nos. 1099 of 2011
Decided On : 02-09-2016
Suspension - Sentence - Section 326 of the I.P.C. - The court directed the suspension of the remainder of the sentence awarded to the appellants, considering their age at the time of the incident, the nature of the injury inflicted, and the time already spent in imprisonment.
Fact of the Case:
The appellants, who were about 20 years old at the time of the incident, had inflicted a knife injury on the victim. They had already served nearly 6 years of imprisonment out of the 10 years awarded to them by the trial court under Section 326 of the I.P.C.
Finding of the Court:
The court found it just and proper to direct the suspension of the remainder of the sentence, considering the circumstances and the likelihood of the appeal taking some time to be heard.
Issues: The main issue was the suspension of the remainder of the sentence awarded to the appellants.
Ratio Decidendi: The court considered the appellants' age at the time of the incident, the nature of the injury, and the time already spent in imprisonment as grounds for directing the suspension of the remainder of the sentence.
Final Decision: The court directed the suspension of the remainder of the sentence, pending the disposal of the case, upon the appellants furnishing bail bonds to the satisfaction of the trial court.
ORDER :
We have heard learned counsel for the parties at some length on the question of suspension of remainder of the sentence awarded to the appellants. It is common ground that the appellants were about 20 years of age on the date of the incident which occurred some 19 years ago. Appellant No.2-Bhithan Pasi is alleged to have inflicted a knife injury measuring 1.5” x 3.4” inches on the victim. The appellants have already undergone nearly 6 years of imprisonment without remission out of the 10 years awarded to them by the trial court under Section 326 of the I.P.C. The hearing of the appeal is likely to take some time. In the circumstances we deem it just and proper to direct suspension of the remainder of the sentence awarded to the appellants. We accordingly direct that in case the appellants furnish bail bonds in a sum of Rs.20,000/- each with two sureties of the like amount to the satisfaction of the trial court, they shall be enlarged from custody pending the disposal of this case.
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