Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 880

SUPREME COURT OF INDIA
ABHAY S. OKA, UJJAL BHUYAN, JJ.
Atul @ Ashutosh – Appellant
Versus
State of Madhya Pradesh - Respondent
Criminal Appeal No. 579 of 2024
Decided On : 02-02-2024

Advocates:
Advocate Appeared:
For the Appellant : Mr. Sunil K. Aggarwal, Mr. Man Singh Chauhan, Mr. Narender Mishra, Mr. Randhir Kumar Ojha
For the Respondent: Mr. Mrinal Gopal Elker, Mr. Abimanyu Singh, Mr. Divyansh Singh

IMPORTANT POINT
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.

Headnote:
SENTENCE - SUSPENSION OF SENTENCE PENDING APPEAL - The court granted suspension of a fixed term sentence of five years for the appellant who had already served half of the sentence, emphasizing the principle that when an appeal is unlikely to be heard before the completion of the sentence, suspension and bail should typically be granted. The court highlighted the need for consistency in applying this principle to avoid unnecessary appeals to the higher court.
Fact of the Case:
The appellant-accused was sentenced to a fixed term of five years and had already served half of the sentence. The appeal against the conviction was not expected to be heard before the completion of the sentence.
Finding of the Court:
The court found that there was a valid case for granting suspension of the sentence and bail pending the appeal, given the circumstances of the case.
Issues: Whether the appellant is entitled to suspension of sentence and bail pending the appeal against conviction.
Ratio Decidendi: The court reiterated that in cases of fixed term sentences, especially when appeals are unlikely to be resolved before the sentence is completed, suspension of sentence and bail should be granted as a matter of course.
Result: The appeal was allowed, and the appellant was to be produced before the Trial Court for bail to be granted on appropriate terms and conditions.

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.

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