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SUPREME COURT OF INDIA
Pankaj Mithal, S.V.N. Bhatti, JJ.
Chote Bhai - Appellant
Versus
The State Of Madhya Pradesh & Ors. - Respondents
Criminal Appeal No. . ...639 OF 2025 (@ SLP (CRL.) NO. 9632/2024)
Decided On : 10-02-2025
ORDER :
1. Leave granted.
2. Heard learned counsel for the parties.
3. The appellant has been convicted for commission of an offence under Section 307/149 of the Indian Penal Code, 1860 and has been sentenced to ten years rigorous imprisonment and fine.
4. The appeal of the appellant is pending consideration before the High Court. The appeal is of the year 2022 and in the High Court of Madhya Pradesh, such appeals are not likely to be taken up in near future. It will take sufficient long time before the appeals are finally heard and decided.
5. Six out of seven accused have been granted the benefit of suspension of sentence and have been directed to be released on bail, pending the appeal(s). The appellant has already undergone over three years of actual sentence.
6. In view of the aforesaid facts and circumstances, we consider it appropriate to suspend the sentence of the appellant and release him on bail, pending the appeal before the High Court.
7. Accordingly, we suspend the sentence of the appellant and direct to release him on bail subject to such terms and conditions as may be imposed by the trial Court.
8. The appeal is allowed accordingly. Pending application(s), if any, shall stand disposed of.
The court suspended the appellant's sentence and granted bail due to the lengthy delay in appeal proceedings and the time already served.
The court granted bail pending appeal, emphasizing the right to appeal and the potential injustice of prolonged incarceration if the conviction is later overturned.
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.
Bail is granted based on the time already served and the nature of the sentence, pending appeal decision.
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 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.
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