Criminal Procedure Code, 1973 — Section 389 — Suspension of sentence — Post-conviction — Scope — After conviction, presumption of innocence stands displaced — Suspension of sentence is not a matter of course and must be granted with circumspection — Particularly in cases involving serious offences like murder, such relief is to be granted only in exceptional circumstances. (Paras 14–15, 17)

advocatemmmohan

Criminal Procedure Code, 1973 — Section 389 — Suspension of sentence — Post-conviction — Scope —

After conviction, presumption of innocence stands displaced — Suspension of sentence is not a matter of course and must be granted with circumspection — Particularly in cases involving serious offences like murder, such relief is to be granted only in exceptional circumstances.

(Paras 14–15, 17)

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Section 389 Cr.P.C. — Requirement of reasons —

Appellate Court must record specific reasons in writing while granting suspension of sentence — Order should reflect due application of mind to nature of offence, gravity, manner of commission and findings of trial Court — Mechanical orders unsustainable.

(Para 15)

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Section 389 Cr.P.C. — Reappreciation of evidence — Impermissibility —

At stage of suspension of sentence, appellate court cannot undertake detailed reappreciation of evidence or examine merits of conviction — Only prima facie assessment of apparent infirmity permissible — Detailed scrutiny reserved for final hearing of appeal.

(Paras 16, 20)

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Conviction under Section 302 IPC — Suspension of sentence — Exceptional nature —

In cases of conviction for murder, suspension of sentence can be granted only in rare and exceptional cases — Factors such as gravity of offence and nature of evidence must weigh against routine grant of bail.

(Paras 15, 17)

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Section 34 IPC — Common intention — Effect —

Where conviction is based on common intention, absence of specific overt act does not dilute culpability — Each participant is equally liable for the act done in furtherance of common intention — Cannot be ground for suspension of sentence.

(Para 19)

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Suspension of sentence — Factors — Irrelevant considerations —

Long period of incarceration, pendency of appeal, or absence of misuse of bail during trial, by themselves, are insufficient grounds for suspension of sentence in serious offences.

(Paras 21, 17)

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Criminal antecedents — Relevance —

Criminal antecedents of accused are relevant consideration while deciding suspension of sentence — Cannot be ignored at interlocutory stage.

(Para 22)

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Suspension of sentence — Interference by Supreme Court —

Where High Court grants suspension of sentence by improperly reappreciating evidence or ignoring settled principles, such order is liable to be set aside.

(Paras 18, 24)

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RATIO DECIDENDI 

After conviction, suspension of sentence under Section 389 Cr.P.C. is an exceptional relief, particularly in serious offences like murder, and can be granted only upon recording cogent reasons without reappreciating evidence; absence of overt act, long incarceration or pendency of appeal are not by themselves sufficient grounds to suspend sentence where conviction is based on credible evidence.

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RESULT

• Appeals allowed
• Suspension of sentence set aside
• Bail cancelled; accused directed to surrender

(Paras 25, 28)