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ABHAY S. OKA, UJJAL BHUYAN
Atul @ Ashutosh – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Heard learned counsel for the parties.
2. Leave granted.
3. 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.
4. 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.
5. 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.
6. The appeal is allowed in the afore-stated terms.
7. Pending application(s) shall stand disposed of.
The principle that suspension of sentence and bail should be granted in cases of fixed term sentences when appeals are unlikely to be heard before the completion of the sentence.
Suspension of sentence and bail may be granted if the applicant has served more than half of a fixed term sentence and the appeal is unlikely to be heard before the sentence is completed.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
The court may suspend a sentence pending appeal if the appellant has served a significant portion of the sentence and other co-accused have been granted suspension.
Bail may be granted after 10 years of incarceration unless extenuating circumstances exist, as established by Supreme Court precedents.
The court suspended the appellant's sentence and granted bail due to the lengthy delay in appeal proceedings and the time already served.
The right to bail may be granted when an appellant has served a substantial time in custody and exhibits lesser culpability than co-accused already released.
The main legal point established in the judgment is the consideration of suspension of sentence and bail for persons who have completed 10 years of sentence and whose appeal is not in proximity of he....
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