38.6c New Delhi, India, Thursday, June 13, 2024
Judiciary

No hard & fast rule on serving a particular part of jail term before suspension of sentence: SC [Read Order]

By LAWSTREET NEWS NETWORK      06 November, 2023 08:24 PM      0 Comments
No hard & fast rule on serving a particular part of jail term before suspension of sentence SC

NEW DELHI: The Supreme Court has ruled that there is no hard and fast rule for an accused to serve a particular period of jail term before his plea for suspension of sentence can be allowed.

A bench of Justices Abhay S Oka and Pankaj Mithal was surprised over the Gujarat High Court's order accepting a contention by the state government that only the period undergone post conviction can be considered for such a purpose.

Acting on an appeal filed by Vishnubhai Ganpatbhai Patel and another against the High Court's order of June 20, 2023, the bench directed the trial court to release them on bail within a week till the disposal of their appeal.

The appellants were held guilty of the offences punishable under Section 304 Part I read with Sections 114, 506(2) and 504 of the IPC. They were awarded the maximum substantive sentence of rigorous imprisonment for 10 years.

The appellants, on their parts, had undergone sentence for approximately four years and more.

Having noted the appeal is of the year 2023 which is unlikely to be heard before the entire period of sentence of the appellants is over, the bench said, "In our view, the High Court ought to have favorably considered the prayer for grant of suspension of sentence when there were no antecedents and more than 40 per cent of the sentence has been undergone."

The bench further said, "We may note here something about the approach of the High Court while dealing with the application for suspension of sentence. Before the High Court, surprisingly, a submission was made on behalf of the State that sentence undergone only post conviction should be considered and therefore, a submission was made that the appellants had undergone only 05 months and 27 days."

The court also pointed out the High Court has accepted the said submission by recording that the appellants have not even completed one year of sentence.

"Apart from the fact that the said approach is incorrect, we may note here that there is no hard and fast rule which requires an accused to undergo sentence for a particular period before his prayer for suspension of sentence is considered," the bench said.

The court directed for the appellants to be produced before the trial court within a week for bail.

[Read Order]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS

bjp-workers-stabbed-near-village-masjid-for-celebrating-pm-narendra-modis-victory-by-raising-bharat-mata-ki-jai-slogan
Trending Crime, Police And Law
BJP workers stabbed near village Masjid, for celebrating PM Narendra Modi's victory by raising 'Bharat Mata ki Jai slogan'

BJP workers stabbed near village Masjid in Karnataka for celebrating Narendra Modi's third term as PM.

12 June, 2024 12:11 PM
allahabad-high-court-quashes-fir-grants-protection-to-adult-couple-who-married-against-familys-wishes
Trending Judiciary
Allahabad High Court quashes FIR, grants protection to adult couple who married against family’s wishes [Read Order]

Allahabad High Court quashes FIR, protects couple who married against family’s wishes, emphasizing their constitutional rights and condemning threats to their lives.

12 June, 2024 02:00 PM

TOP STORIES

threat-of-false-rape-allegations-constitutes-abetment-of-suicide-madhya-pradesh-hc
Trending Judiciary
Threat of false rape allegations constitutes abetment of suicide: Madhya Pradesh HC [Read Order]

Madhya Pradesh High Court rules that threats of false rape allegations amount to abetment of suicide, dismissing petition to quash related criminal proceedings.

07 June, 2024 12:06 PM
food-safety-commissioner-cracks-down-on-blinkit-warehouse-violations-seizes-expired-products
Trending Business
Food Safety Commissioner Cracks Down on Blinkit Warehouse Violations, Seizes Expired Products

Food Safety Commissioner seizes expired products at Blinkit warehouse in Telangana. Violations include disorganization, hygiene issues, and lack of compliance.

07 June, 2024 01:21 PM
engineer-rashid-seeks-interim-bail-to-take-oath-as-mp-after-2024-lok-sabha-polls-victory-amidst-nia-charges
Trending Political NEWS
Engineer Rashid Seeks Interim Bail to Take Oath as MP After 2024 Lok Sabha Polls Victory Amidst NIA Charges

Engineer Rashid seeks interim bail to take oath as MP after winning the 2024 Lok Sabha polls, amidst NIA charges and detention in Tihar Jail since 2019.

07 June, 2024 02:53 PM
calcutta-high-court-seeks-response-from-nta-on-alleged-irregularities-in-neet-ug-2024
Trending Judiciary
Calcutta High Court Seeks Response from NTA on Alleged Irregularities in NEET (UG) 2024 [Read Order]

Calcutta HC directs NTA to explain NEET (UG) 2024 marking and reservation policies following allegations of irregularities. Hearing set for two weeks.

07 June, 2024 03:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email