Trend Among Lawyers To Press Application For Suspension Of Sentence And Avoid Arguing Appeal On Merits: SC Refuses To Suspend Sentence In Murder Case

Noting the same, a Bench of Justice Sanjiv Khanna and Justice S.V.N. Bhatti while reprimanding the counsel, observed, “We have noticed this trend in several cases/orders, that are made subject matter of challenge before this Court. Learned counsel, it appears, press for hearing of the application for suspension of sentence/bail, but want to avoid arguing the main appeal on merits. Learned counsel should be willing and ready to argue the appeal on merits, especially in cases where the appellant/accused have suffered incarceration for some years”.

Consequentially, the bench requested the High Court to take up the criminal appeal filed by the petitioner and other co-accused for hearing. Further directed the counsel for the appellant-accused and State to be ready for arguments on the appeal.

Advocate Gaurav Agarwal appeared for the petitioner.

In the present matter, the appeal before the High Court challenged an order dated January 9, 2018 passed by the Sessions Judge, Varanasi.The appellant through the impugned order was convicted and sentenced under Section 302 IPC and was to undergo imprisonment for life with a fine of Rs.1000/-, in default thereof, was to undergo simple imprisonment for one year. It was the second bail application, before the High Court seeking suspension of sentence and grant of bail on the ground of his detention period which is about 8 years and 3 months. It is to be noted that the first bail application was rejected through an order dated September 12, 2018.

Opposing the bail application, the State contended that the appellant was not entitled to avail the benefit of the judgements passed by Supreme Court in the cases of Saudan Singh v. State of U.P. and in Suleman v. The State of Uttar Pradesh.

A bench of Justice Pritinker Diwaker and Justice Nalin Kumar Srivastava while rejecting the repeat application had noted, “When we have asked counsel for the appellant to argue the matter finally today itself, he submits that he needs some time to complete the formalities. In the facts and circumstances of the case, we are not inclined to release the appellant on bail”. The bench had further listed the matter for final hearing in the month of May 2023.

Cause Title: Pradeep Goswami v. State Of Uttar Pradesh