1. Conviction under Section 302, Indian Penal Code — Grant of bail and suspension of sentence by High Court — Appeal against the bail order. (Para 2 )
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2000 Supreme(SC) 797
2000(6) Supreme 540
SUPREME COURT OF INDIA
K.T. Thomas & Mrs. Ruma Pal, JJ.
Ramji Prasad -Appellant
versus
Rattan Kumar Jaiswal & Anr. -Respondents
Criminal Appeal No. 386 of 2000
SLP (Crl.) No. 3519 of 1999
Decided on 18-4-2000
Important Points
The Supreme Court held that suspending the sentence of an accused convicted under Section 302 of the Indian Penal Code is an exceptional measure. The normal practice is not to suspend such sentences, and any order granting suspension must be supported by specific reasons justifying the exception.
Subject
Criminal Law - Murder
Act Referred
Headnote
Code of Criminal Procedure, 1973-Section 389-Bail to convicted person, on appeal-Procedure for-Normal practice is not to suspend sentence-Only in exceptional cases benefit of suspension can be granted-High Court not correct in granting bail at first instance itself without giving reason for adopting exceptional course-Impugned order set aside-Convict could move High Court and satisfy that his case falls within exception. (Paras 3 and 4)
Legal Category Hierarchy
Table of Contents
2. Whether the case falls within the exceptional circumstances justifying the suspension of sentence for a person convicted of murder. (Para 4 )
3. Suspension of sentence for conviction under Section 302, Indian Penal Code, is an exceptional course requiring specific reasons for departure from normal practice. (Para 3 )
4. In cases of conviction under Section 302, Indian Penal Code, the normal practice is not to suspend the sentence unless exceptional circumstances are justified. (Para 3 )
5. Impugned order granting bail set aside; Respondent permitted to move the High Court to justify suspension of sentence under exceptional circumstances. (Para 4 , 5 )
6. What is the general rule regarding the suspension of sentence for an accused convicted under Section 302 of the Indian Penal Code?
The normal practice is not to suspend the sentence of an accused found guilty under Section 302 of the Indian Penal Code; such a benefit is granted only in exceptional cases. (Para 3 )
7. What is required for a court to grant the suspension of sentence in a murder conviction case?
The court must provide reasons for adopting the exceptional course of suspending the sentence, demonstrating that the case falls within the specific exceptions that justify such a benefit. (Para 3 , 4 )
ORDER
Leave granted.
2. Appellant is the brother of one Madan Lal who was murdered on a day when his father Kanahya Lal was also murdered. First Respondent was one of the accused charge-sheeted by the investigating agency for the aforesaid murder. We are told that one of the six assailants is still absconding and hence the trial proceeded against the remaining five accused. Four were acquitted and first Respondent was found guilty of the offence under Section 302 of the Indian Penal Code. It is found that he used a gun to shoot the deceased. The trial Court convicted him as per the judgment dated 15.7.1999. He filed an appeal before the Allahabad High Court and at the first instance itself he was granted bail as per order dated 14.9.99 passed by a learned Single Judge of the High Court. Appellant being aggrieved by the aforesaid said order has filed this appeal by special leave.
3. Absolutely no reason is shown by the learned Single Judge for adopting this exceptional course in a case where an accused was found guilty by the trial Court under Section 302 of the Indian Penal Code. The normal practice in such cases is not to suspend the sentence and it is only in exceptional cases that the benefit of suspension of sentence can be granted.
4. We, therefore, set aside the impugned order. Mr. K.B. Sinha, learned Senior Counsel arguing for the Appellant submitted that this case can fall within the exception for suspending the sentence. Mr. P.K. Jain, learned Counsel appearing for the Appellant, on the other hand, narrated a number of broad features to support his contention that under no circumstances suspension of sentence can be granted in favour of this Appellant. We refrain from considering the merits of the rival contentions, for, it is open to the first Respondent to move the High Court and satisfy the High Court that his case would fall within the exception wherein there is justification for suspending the sentence.
5. With these observations the appeal is disposed of.
(C.R.) Order accordingly.
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