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SUPREME COURT OF INDIA
B.R. GAVAI, K.V. VISWANATHAN, JJ.
Vijay @ Ganga @ Vinay @ Ganja – Appellant
Versus
The State of Haryana – Respondent
Criminal Appeal No. of 2024 (Arising out of SLP(Crl.) No. 14567 of 2024)
Decided On : 25-11-2024
ORDER
1. Leave granted.
2. Learned counsel for the appellant states that though the appellant has a good case on merits, the learned Single Judge of the High Court has not given any reason for rejecting the application for suspension of sentence.
3. No doubt that a detailed judgment would not be expected at the stage of suspension of sentence.
4. It is necessary for the Court while rejecting an application for suspension of sentence to consider the merits of the case. At least, some consideration should be given to the material placed on record.
5. In that view of the matter, we are inclined to quash and set aside the impugned judgment and order dated 08.04.2024 passed by the learned Single Judge of the High Court.
6. The matter is directed to be remitted back to the file of the High Court for consideration afresh in accordance with law and on its own merits and the same would be decided within eights weeks from today.
7. Insofar as the application for interim bail is concerned, taking into consideration that there is a wedding in the family of the appellant, we are inclined to grant bail to the appellant for a period one week.
8. The appellant is directed to be released on bail in connection with FIR No. 802 of 2017 registered at Police Station Sonipat City, District Sonipat, for the period between 26.11.2024 to 02.12.2024.
9. The appellant shall surrender to the custody before the concerned Court on 03.12.2024.
10. The appeal is disposed of in the above terms.
11. Pending application(s), if any, stand(s) disposed of.
The court ruled that merits must be considered when rejecting a suspension of sentence application, requiring some reasoning in the decision.
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.
Suspension of sentence is justified when the accused shows circumstances such as prior bail status, marriage to the prosecutrix, and delays in FIR filing, indicating a potential for prolonged appeal.
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.
Provisional bail may be granted for attending a wedding when the reason is genuine and the State does not object.
The High Court's denial of suspension of sentence was unjustified given the appellant's lengthy imprisonment and the need for timely appeal consideration.
The court determines that bail should be granted pending appeal where there is a considerable delay in proceedings and the sentenced term is not life imprisonment.
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