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SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA AND MANOJ MISRA, JJ.
Laxmibai Digambar Tayade - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 78 of 2025 (Arising out of SLP(Crl.) No. 11735 of 2024)
Decided on : 06-01-2025
Certainly. Based on the provided legal document, here are the key points:
The appellant, a 75-year-old woman, was convicted of attempted murder under Section 307 of the Indian Penal Code and sentenced to ten years of simple imprisonment (!) (!) .
The appellant has served more than six months in prison and has filed an appeal against her conviction, which is pending before the High Court (!) (!) .
The court considered her advanced age, the period of incarceration, and the pending appeal as significant factors in deciding to suspend her sentence (!) (!) (!) .
The court ruled that these considerations justified suspending the sentence, especially given the lack of immediate prospects for the appeal's resolution (!) (!) (!) .
As a result, the appeal was disposed of by suspending the sentence and granting bail to the appellant, with conditions to be imposed by the Trial Court (!) (!) .
The order emphasizes the importance of age, time served, and the status of the pending appeal in the decision to suspend the sentence (!) (!) .
The court's decision aligns with principles that prioritize the appellant's circumstances and the likelihood of the appeal's progress in considering the suspension of sentence (!) (!) .
Let me know if you need further analysis or assistance.
| Table of Content |
|---|
| 1. conviction and sentence details (Para 2 , 3) |
| 2. arguments presented by counsel (Para 4) |
| 3. considerations for suspending sentence (Para 5) |
| 4. disposal of appeal (Para 6 , 7) |
ORDER :
1. Leave granted.
2. This appeal is against the order of the High Court of judicature at Bombay, Aurangabad Bench dated 15.07.2024 by which the appellant's prayer for suspension of sentence has been rejected in Criminal Application No. 2747 of 2024 in Criminal Appeal No. 608 of 2024.
3. The appellant has been convicted by the Additional Sessions Judge, Jalna for the offence punishable under Section 307 of the IPC and sentenced to undergo ten years simple imprisonment.
4. Heard the learned senior counsel appearing for the appellant as also the learned counsel for the respondent-State.
5. In view of the fact that the appellant is 75 years old lady, she has served more than six months incarceration and moreover she has also filed an appeal against the aforesaid conviction which is pending consideration before the High Court and there is no possibility of the appeal to be taken up immediately, we deem it appropriate to suspend the sentence in connection with Sessions Case No. 12 of 2018 and enlarge the appellant on bail subject to such conditions as the Trial Court may impose.
6. With these observations, the appeal is disposed of.
7. Pending application(s), if any, shall stand disposed of.
In cases where a person has served more than ten years of imprisonment, bail may be granted unless there are extenuating circumstances.
Suspension of sentence and release on bail – If sentence imposed by trial court is for a fixed term, then ordinarily appellate court should consider plea for suspension of sentence liberally.
The court established that under Section 389 CrPC, a sentence can be suspended during the appeal process if the circumstances justify such action, particularly considering the age of the appellant an....
The court may suspend a sentence on humanitarian grounds if the applicant demonstrates terminal illness.
The age of the appellant and the duration of imprisonment served are critical factors in granting bail, especially when the appeal is unlikely to be heard soon.
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