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MANMOHAN, N. V. ANJARIA
Rajesh Upadhayay – Appellant
Versus
State Of Bihar – Respondent
Core Principle on Suspension of Sentence: Benefit of suspension of sentence under Section 389 Cr.P.C. can be granted only in exceptional cases, particularly in convictions under Section 302 IPC. (!) (!) (!) (!) (!) (!)
Appellate Court's Role at Suspension Stage: Appellate court must not reappreciate evidence or pick lacunae in prosecution case under Section 389 Cr.P.C.; presumption of innocence applies only until conviction, after which it ceases. (!) (!) (!)
Distinction Between Bail and Suspension: There is a conceptual distinction between bail and suspension of sentence pending appeal under Section 389 Cr.P.C. (!)
Irrelevant Considerations by High Court: Delay of three days in sending FIR copy to Magistrate and non-production of original inquest report are illogical and have no bearing on prosecution's case established by trial evidence. (!) (!) (!)
Facts of Offence: Deceased (father of complainant) murdered inside temple on 11.12.2021; accused group including Respondent No.2 (armed with country-made pistol) entered forcibly, instigated killing, and one fired shots causing death by firearm injury to head/brain. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
Convictions and Sentences of Respondent No.2: Convicted under Sections 302/149, 342/149, 147, 148, 504/149 IPC and Section 27 Arms Act; life imprisonment for 302/149 IPC plus fines; other terms of RI and fines; surrendered 02.02.2022. (!) (!) (!) (!) (!)
Role of Respondent No.2: Armed with pistol, instigated by shouting "kill him"; present inside temple during shooting; fled scene; role grave under 302/149 IPC, not mere instigation. (!) (!) (!) (!) (!)
Additional Circumstances: Two accused absconding; Respondent No.2 undergone ~3 years incarceration; appeal pending. (!) (!)
High Court Errors: Erred in suspending sentence based on minor procedural delays and downplaying accused's armed instigative role in serious temple murder. (!) (!) (!) (!)
Outcome: Supreme Court sets aside High Court's order suspending sentence and granting bail; directs Respondent No.2 to surrender within 10 days; observations limited to bail/suspension, not merits of appeal. (!) (!) (!) (!)
JUDGMENT :
N.V. ANJARIA, J.
Leave granted.
2. The appellant-original complainant has questioned judgment and order dated 28.08.2024 of the Division Bench of the High Court of Judicature at Patna in Criminal Appeal (DB) No.542 of 2024, whereby the High Court suspended the sentence imposed on respondent No.2 and released him on bail during the pendency of the Appeal.
2.1 Respondent No.2-Sheo Narayan Mahto came to be convicted under Section 302 read with Section 149 of the Indian Penal Code, 1860 and sentenced to rigorous imprisonment for life with imposition of fine of Rs. 20,000/-, by learned Additional District and Sessions Judge, 19th Rohtas in Sessions Trial No.101 of 2022. The respondent No.2 was further convicted for the offence under Sections 342/149, IPC and sentenced to undergo rigorous imprisonment of one year and to pay fine of Rs. 500/-. In respect of conviction under Sections 147 and 504/149, IPC, sentence of one year for each offence and fine of Rs. 500 and Rs. 1,000/- respectively was imposed.
2.2 Respondent No.2 came to be convicted also for the offence under Section 148, IPC, for which he was sentenced to rigorous imprisonment for a term of two years with fine of Rs. 1,00
Suspension of sentence and release on bail – Benefit of suspension of sentence can be granted only in exceptional cases more particularly so in cases involving conviction under Section 302, IPC.
Suspension of sentence and release on bail – Parameters governing suspension of sentence post-conviction are qualitatively distinct from those applicable at stage of pre-trial bail – Such relief can ....
(1) Suspension of sentence and release on bail – Accused is presumed to be innocent till he is held guilty by a court of competent jurisdiction – Once accused is held guilty, presumption of innocence....
Suspending a sentence for a serious offence like murder requires a rare demonstration of exceptional circumstances, without re-evaluating evidence during bail applications.
Court granting bail cannot obviate its duty to apply judicial mind and to record reasons, brief as they may be, for the purpose of deciding whether or not to grant bail.
An appellate court will cancel bail if the lower court fails to provide reasoned orders, ignores material evidence, disregards an accused's contumacious conduct in evading legal processes, or misappl....
(1) India cannot have two parallel legal systems, one for rich and resourceful and those who wield political power and influence and other for small men without resources and capabilities to obtain j....
In murder convictions, post-conviction suspension of sentence is rare; courts assess evidence's prima facie durability and must have compelling justifications.
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