Supreme Court: Suspension of Sentence Not Denied Due to Pending Trial in Another Case

Supreme Court Rules: Suspension of Sentence Can't Be Denied Due to Another Pending Trial

In a significant ruling on October 4, 2024, the Supreme Court held that the mere pendency of a separate trial against an accused cannot be a valid ground for denying the suspension of sentence. The bench, comprising Justices Dipankar Datta and Prashant Kumar Mishra, was hearing a case where the High Court had denied the benefit of suspension of sentence to an accused convicted in a murder case, citing his involvement in another pending trial.

The appellant, Narendra Singh, had sought parity with his co-accused, who had already been granted suspension of sentence. The State opposed the plea on the grounds that Singh was facing trial in another case. However, the appellant argued that the pendency of the trial should not be a reason to reject his request for the suspension of sentence, particularly when he had not been convicted in the other case.

Setting aside the High Court's order, the Supreme Court agreed with the appellant’s contention, emphasizing that the presumption of innocence applies until proven guilty. “Mere pendency of the other trial where the appellant 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 bench observed.

The Court further stated that the appellant had made out a sufficient case for the suspension of sentence and ordered his release on bail, subject to terms and conditions to be imposed by the Sessions Court.

The appeal, titled Jitendra & Ors. vs. State of Uttar Pradesh [2024 LiveLaw (SC) 782], was allowed, providing a significant precedent for future cases involving pending trials and requests for suspension of sentences.

Appearances:

For the Petitioners: Mr. J.C. Gupta, Senior Advocate; Mr. Yogesh Tiwari and Mr. Vikrant Singh Bais, Advocates.

For the Respondents: Mr. Ajay Kumar Mishra, Senior Advocate; Mr. Shashank Shekhar Singh and Ms. Ruchira Goel, Advocates. LinkedIn Link - https://www.linkedin.com/company/legal-soch-foundation/ 💼📚👩‍⚖️

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