No Hard And Fast Rule That Accused Must Undergo Sentence For Particular Period For Seeking Suspension Of Sentence: Apex Court
Observing that there is no strict rule that says an accused person must have served a specific amount of time in jail before their application for a suspension sentence can be considered, the Supreme Court recently allowed applications of suspension of sentence, pending appeal, of the appellants convicted for the offences punishable under Section 304 read with Sections 114, 506(2) and 504 of the Indian Penal Code.
The Bench of Justice Abhay S. Oka and Justice Pankaj Mithal were dealing with a Special Leave Petition that challenged a Gujarat High Court's order which had declined to suspend the sentence citing the fact that the applicants had not yet served one year of their sentence after their conviction by the trial court and hence there was no need for interference or show leniency in favour of the applicants.
Advocates Tejas Barot and Shamik Shirishbhai Sanjanwala appeared for the Appellants while Advocates Kanu Agarwal and Swati Ghildiyal appeared for the State of Gujarat.
The Supreme Court found it surprising that the High Court had accepted the argument presented on behalf of the State of Gujarat, which suggested that only the time served after the conviction should be taken into account. According to this approach of the High Court, the appellants had served only 5 months and 27 days. The Bench disagreed with this approach, stating that it was incorrect and noted that the appellants had actually served a sentence of approximately 4 years or more, including the period before their conviction.
The Court further observed in its order that there is no hard and fast rule which requires an accused to undergo a sentence for a particular period before his prayer for suspension of sentence is considered.
"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 High Court has accepted the said submission by recording that the appellants have not even completed 01 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", stated the order.
The Bench additionally stated that the High Court ought to have favourably considered the prayer for the grant of suspension of the sentence when there were no antecedents and more than 40 per cent of the sentence had been undergone.
The Court accordingly directed that the appellants shall be produced before the Trial Court within a period of one week from today and shall be enlarged on bail on appropriate terms and conditions till the final disposal of the appeal before the High Court.
Cause Title: Vishnubhai Ganpatbhai Patel & Anr. v. State Of Gujarat [CRIMINAL APPEAL NO(S). 3415 OF 2023]
