The Supreme Court has said in case of post conviction, the period of custody undergone cannot be a criterion to suspend the sentence and grant bail to the convict.
The top court also said it is mandatory for the appellate court to give an opportunity to the public prosecutor to give in writing a response before releasing on bail a person convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years.
A bench of Justices Indira Banerjee and A S Bopanna clarified the legal position while dealing with a plea of Ram Naresh Singh, challenging release of a convict sentenced to life term for murder of his daughter, Sweta Singh.
Senior advocate Sidharth Luthra, appearing for the petitioner, contended the order passed by the Punjab and Haryana High Court was "cryptic, and unreasoned", without considering the heinousness of the offence.
He also pointed out under the first proviso of Sub Section (1) of Section 389 of the Criminal Procedure Code, the appellate court was required to give an opportunity to the prosecutor to give a response in writing to the plea for suspension of sentence.
"In the instant case, bail has been granted solely on the ground that the appellant had been in custody for a period of five years two months and twenty two days. It is now well settled that in case of post-conviction sentence, the period of custody undergone cannot be a criteria for suspension of sentence," the bench said.
The top court allowed the appeal and asked the High Court to consider the plea for bail afresh, preferably within two months, considering the mandate of law. It also said the convict need not surrender immediately as he has been out of jail for two years. It also asked the High Court to decide the appeal related to the conviction and sentence preferably within six months.
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(Published 10 April 2022, 14:33 IST)
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