No suspension of sentence in serious offences: SC

A division bench of the High Court had suspended the sentence and granted bail to 18 persons convicted to life imprisonment and various other punishments in a murder case.

The High Court had reasoned that the accused had not misused their liberty while being out on bail during the trial and suspended the sentence pending the appeal.

Aggrieved by the High Court’s decision Gajraj Yadav, complainant in the murder case, filed a criminal appeal in the apex court.

Interpreting Section 389 of the CrPC which empowers the court to suspend the sentence pending the appeal and release of the accused on bail, the bench said there is a distinction between bail and suspension of sentence.

One of the essential ingredients of Section 389 is the requirement for the appellate Court to record reasons in writing for ordering suspension of execution of the sentence or order appealed against, the bench said.

“The requirement of recording reasons in writing clearly indicates that there has to be careful consideration of the relevant aspects and the order directing suspension of sentence and grant of bail should not be passed as a matter of routine,” the apex court observed.

The bench said the mere fact that during the trial, they were granted bail and there was no allegation of misuse of liberty, is really not of much significance.

“The effect of bail granted during trial looses significance when on completion of trial, the accused persons have been found guilty. What really was necessary to be considered by the High Court is whether reasons existed to suspend the execution of sentence and thereafter grant bail,” it said.

In the instant case, the bench said, the High Court did not seem to have kept the correct principle in view.

The bench said that in cases involving conviction under Section 302 (murder) IPC, it is only in exceptional cases that the benefit of suspension of sentence can be granted.

“These aspects have not been considered by the High Court, while passing the impugned order. The order directing suspension of sentence and grant of bail is clearly unsustainable and is set aside,” the bench said while upholding the complainant’s appeal.

Even while granting bail in serious offences like murder, the courts shall consider factors like the nature of accusation made against the accused, the manner in which the crime is alleged to have been committed and the desirability of releasing the accused on bail, the apex court said.