New Delhi, October 27
Courts may suspend an accused’s sentence only in exceptional cases and such a relief should not be extended in serious offences like murder, attempt to murder, rape and dacoity, the Supreme Court has said.
“The mere fact that during the period when the accused persons were on bail during trial there was no misuse of liberties, does not per se warrant suspension of execution of sentence and grant of bail,” a Bench of Justices Arijit Pasayat and Mukundakam Sharma observed while setting aside orders of the Rajasthan High Court.
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 was a distinction between bail and suspension of sentence.
— PTI
