Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1030

SUPREME COURT OF INDIA
M.M. SUNDRESH, ARAVIND KUMAR, JJ.
Shyam – Appellant
Versus
The State of Madhya Pradesh – Respondent
Criminal Appeal No. 4522 of 2024 (@ SLP(CRL.) No.13158 of 2024)
Decided On : 08-11-2024

Advocates appeared:
For the Petitioner(s): Mr. Anup Kumar, AOR Mrs. Neha Jaiswal, Adv. Ms. Shruti Singh, Adv. Ms. Pragya Choudhary, Adv. Mr. Shivam Kumar, Adv.
For the Respondent(s): Mr. Pashupathi Nath Razdan, AOR

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.

Headnote:(A) Criminal Procedure Code, 1973 – Section 389 – Suspension of sentence – The appellant, having served a significant portion of a four-year sentence, is granted bail pending the appeal's resolution in the High Court, which may take additional time – The court sets aside the previous order and allows the appeal. (Paras 2-5)

ORDER

1. Leave granted.

2 It is not in dispute that all the other co-accused have been granted suspension of their sentence. The appellant has already spent a considerable amount of incarceration out of the imposed sentence of four years. The appeal before the High Court is of the year 2023 and, therefore, it might take some more time for its disposal.

3. Considering the above facts and circumstances, 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 is set aside and the appellant is granted bail by suspending the sentence, 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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