S. 389 CrPC | Suspension Of Sentence Can't Be Denied Merely Because Another Trial Is Pending Against Accused : Supreme Court

The Supreme Court yesterday (Oct. 4) observed that a pendency of trial against the accused in one case cannot be a ground to deny him the benefit of a suspension of sentence.

The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra granted a relief to the accused who were convicted in a murder case but denied the benefit of the suspension of sentence by the High Court.

The accused demanded parity with other co-accused who were granted the benefit of suspension of sentence. The plea for suspension of the sentence of one of the accused was opposed by the State on the ground that a trial in another criminal case was pending against him.

However, it was contended by the accused/appellant that mere pendency of the trial should not stand in the way of this Court considering the prayer of the appellant-Narendra Singh for suspension of sentence.

Setting aside the High Court's decision, the Court accepted the Appellant's contention and granted him the benefit of suspension of sentence.

“That apart, mere pendency of the other trial where the appellant-Narendra Singh is an accused (on bail) cannot be regarded as sufficient for denying him the benefit of suspension of sentence in this case. After all, he is presumed to be innocent till found guilty.”, the court observed.

“Bearing in mind the above factors, we are of the view that the appellants have made out sufficient ground for suspension of sentence and release on bail upon such terms and conditions to be imposed by the Sessions Court.”, the court added.

The appeal was allowed.

Appearance:

For Petitioner(s) Mr. J C Gupta, Sr. Adv. Mr. Yogesh Tiwari, Adv. Mr. Vikrant Singh Bais, AOR

For Respondent(s) Mr. Ajay Kumar Mishra, Sr. Adv. Mr. Shashank Shekhar Singh, AOR Ms. Ruchira Goel, Adv.

Case Title: JITENDRA & ORS. VERSUS STATE OF UTTAR PRADESH

Citation : 2024 LiveLaw (SC) 782

Click here to read/download the judgment