Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1028

SUPREME COURT OF INDIA
M.M. SUNDRESH, ARAVIND KUMAR, JJ.
Anup – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Appeal No. 4520 of 2024 (@ SLP(Crl.) No. 13784 of 2024)
Decided On : 08-11-2024

Advocates appeared:
For the Petitioner(s): Mr. Sudhanshu Choudhari, Sr. Adv. Mr. Anish R. Shah, AOR
For the Respondent(s): Ms. Rukhmini Bobde, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Ms. Soumya Priyadarshinee, Adv. Mr. Vinayak Aren, Adv. Mr. Amit Srivastava, Adv. Mr. Amlaan Kumar, Adv.

The court may suspend a sentence pending appeal based on the appellant's conduct and circumstances surrounding the case.

Headnote:(A) Criminal Procedure Code, 1973 – Section 389 – Suspension of sentence – The appellant was sentenced to five years, having served 7 months – The court considered the appellant's deposit of Rs. 9,10,000/- and the pending appeal in the High Court – The sentence was suspended until the appeal's disposal. (Paras 2-4)

Facts of the case:

The appellant was sentenced to five years by the trial court and had undergone 7 months of incarceration. The appeal is pending in the High Court since 2024.

Findings of Court:

The court decided to suspend the sentence considering the appellant's conduct and the pending appeal.

Issues

: The main issue was whether to suspend the sentence pending appeal.

Ratio Decidendi:

The court ruled that the sentence could be suspended based on the appellant's good conduct and the pending nature of the appeal.

Result:

Appeal allowed.

ORDER

1. Leave granted.

2. The appellant has been imposed a sentence of five years by the trial Court, out of which he has already undergone 7 months. Learned senior counsel appearing for the appellant submitted that the appellant has shown his bonafide by depositing a sum of Rs. 9,10,000/-. He has also undergone a period of 7 months of incarceration, and the appeal before the High Court is of the year 2024.

3. Taking into consideration the aforesaid facts, we are inclined to set aside the impugned order and suspend the sentence of the appellant till the disposal of the criminal appeal by the High Court.

4. Accordingly, the impugned order stands set aside and the appellant’s sentence stands suspended, subject to the terms and conditions that may be imposed by the Trial Court as it deems fit for the aforesaid purpose.

5. The appeal is allowed accordingly.

6. Pending application(s), if any, shall stand disposed of.

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