The Supreme Court has suspended the sentence of a convict sentenced to five years imprisonment in a cheating case, citing the significant backlog of criminal appeals in the Madhya Pradesh High Court and the improbability of an early hearing.

The Bench of Justice Dipankar Datta and Justice Sandeep Mehta passed the order while hearing an appeal against the High Court's refusal to suspend the sentence.

The accused was convicted under Sections 407, 420, 468, 471, and 34 of the Indian Penal Code, with the maximum punishment being five years. He has already served eight months of his sentence.

During the hearing, Advocate on Record (AOR) Nitin Saluja appeared for the petitioner.

The Bench observed that the substantial pendency of criminal appeals in the High Court created a "genuine apprehension" that the appeal might become infructuous due to prolonged delays.

"The possibility of the appeal being heard in the near future is fairly remote. There is, thus, a genuine apprehension in the mind of the appellant that his appeal could be rendered infructuous by passage of time without the same being taken up for consideration," the Bench remarked.

The Court also criticized the High Court for its handling of the case, stating that it ought to have fixed a date for the hearing of the appeal when the appellant applied for suspension of sentence for the second time. It lamented that the refusal to grant relief had resulted in the unnecessary appeal before the Supreme Court.

The Bench suspended the sentence but directed the appellant to actively pursue the appeal in the High Court. It warned that if the appellant fails to argue the appeal, the High Court would be at liberty to cancel the bail. "The sentence imposed by the trial court shall remain suspended till disposal of the appellant’s appeal before the High Court and he shall be released on bail, pending decision on his appeal, subject to such terms and conditions as may be imposed by the trial court. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case," the Court said.

The Court further ordered, "The appellant shall actively pursue his appeal before the High Court and should a prayer for hearing of the appeal be made, the same may be considered reasonably. If the prayer is granted by the High Court, the appellant shall extend due cooperation to take the appeal to its logical conclusion. In the event of the High Court willing to proceed with hearing of the appeal but the appellant abstaining from attending proceedings, the High Court shall be free to pass appropriate orders including cancellation of bail. Also, if it is brought to the notice of the High Court by the respondentState that the appellant has breached any of the terms and conditions for grant of bail, the High Court shall be at liberty to cancel the bail. The appeal is, accordingly, allowed on the aforesaid terms."

Cause Title: Abhay Jaiswal v. The State of Madhya Pradesh

Appearance:-

Petitioner: Advocates Nitin Saluja (AOR), Harsh Gattani, Pranya Madan,

Click here to read/download the Order


Justice Dipankar DattaJustice Sandeep Mehta

Sukriti Mishra