Supreme Court
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New Delhi: The Supreme Court has said suspension of life imprisonment of a convict in criminal appeal is not automatic like suspension of a fixed term.
A bench of Justices J B Pardiwala R Mahadevan rejected a plea by Mohammad Arif and another life term convict against Allahabad High Court's refusal to suspend their sentence even after they have spent 10 years imprisoned in a case related to murder of two persons.
The bench said "Even if a sentence is for a fixed term but there are exceptional circumstances emerging from the record of the case, the court may decline to suspend the sentence in exercise of its powers under Section 389 of the CrPC."
The High Court suspended the sentence of four co-convicts, also awarded life term, but declined to extend the similar relief to the petitioners, after noting that they were armed with fire arms and as per case of the prosecution, they fired shots on the two victims, one died on the spot and another succumbed to their injuries after two days.
The petitioners counsel relied upon decisions of the apex court in 'Saudan Singh Vs State of Uttar Pradesh' (2022) and 'Sonadhar Vs State of Chattisgarh' (2022), which stated that all those convicts who have completed 10 years of sentence and their appeal is not in proximity of hearing and further if there are no extenuating circumstances, they should be enlarged on bail.
Opposing the plea, Uttar Pradesh counsel Ruchira Goel submitted, just because the petitioners have undergone 10 years of sentence by itself would not entitle them to seek suspension of sentence of life imprisonment pending their criminal appeal before the High Court. She also pointed out the case is related to double murder.
"Having regard to the matter, we are not persuaded to exercise our discretion in favour of the petitioners," the bench said in its recent order.
The bench directed the petitioners granted interim bail by this court in 2024 to surrender within 8 days.
However, the court asked the High Court to decide the criminal appeals at the earliest and as far as possible within six months, after having noted that the other co-convicts are already on bail and also that the petitioners have undergone almost 10 years of sentence.
The bench allowed the petitioners to approach this court if their appeal was not taken up by any chance within six months.