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AHSANUDDIN AMANULLAH, R. MAHADEVAN
Dhan Jee Pandey – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
R. MAHADEVAN, J.
Leave granted in both the cases.
Criminal Appeal No.1864/2026 @ SLP (Crl.) No. 4241 of 2025
2. The instant Criminal Appeal has been filed by the appellant / informant challenging the judgment and order dated 22.11.2024 passed by the High Court of Judicature at Patna1[Hereinafter referred to as “the High Court”] in Criminal Appeal (DB) No. 1180 of 2018, whereby, the High Court, during the pendency of the appeal, suspended the sentence of life imprisonment awarded to Respondent No. 2, Shekhar Pandey @ Shekhar Suman Pandey @ Sintu Pandey @ Situ and released him on bail.
3. The prosecution case, in brief, is that on the basis of the written information (fardbayan) of the appellant / informant, namely Dhan Jee Pandey, P. S. Case No. Buxar (I) 4 of 2016 dated 04.01.2016 was registered under Sections 302, 307, 120B and 34 of the Indian Penal Code, 18602[For short, “IPC”] and Section 27 of the Arms Act, 1959 against Respondent No. 2 and other accused persons. It is alleged that on 04.01.2016 at about 04.15 p.m., the appellant, along with his elder brother (deceased), Ramashankar Pandey @ Jhamman Pandey, was proceeding towards his village on a motorcycle. On the wa
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.
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.
A court should generally suspend a fixed-term sentence pending appeal unless exceptional circumstances indicate otherwise.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The serving of half of the sentence does not automatically entitle a convict to suspension of sentence.
The court held that the discretion to suspend a sentence post-conviction must be exercised judiciously, considering the nature of the offence and the likelihood of appeal success.
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