Pendency Of Another Trial Cannot Bar Suspension Of Sentence
In a ruling on October 4, the Supreme Court on behalf of Section 389 of the CrPC observed that the mere pendency of another trial cannot bar suspension or cannot be grounds to deny an accused the benefit of suspension of sentence. The bench, composed of Justices Dipankar Datta and Prashant Kumar Mishra, granted relief to individuals convicted in a murder case, overturning a decision by the High Court which had denied them suspension of sentence.
Case Background On Pendency Of Another Trial Cannot Bar Suspension Of Sentence
The accused had sought parity with their co-accused, who had been granted suspension of sentence. The State opposed the plea for one of the accused, Narendra Singh. They had argued that a trial in another criminal case was still pending against him. However, the appellant contended that the trial should not prevent the court from considering his request for suspension of sentence.
In its judgment, the Supreme Court accepted the appellant’s argument, stating that the mere existence of another pending trial, where Singh was on bail, was not sufficient reason to deny him suspension of sentence. The court emphasized the principle of presumption of innocence until proven guilty.
Conclusion
Taking these factors into account, the Court concluded that the appellants had established sufficient grounds for suspension of sentence. Moreover, they have been ordered their release on bail, with terms and conditions to be imposed by the Sessions Court.
The appeal was allowed.
