"Suspension of Sentence Not Denied Solely Due to Pending Trial: Supreme Court on Section 389 CrPC"

The Supreme Court, on October 4, ruled that the pending trial in another case cannot be a reason to deny the suspension of sentence to an accused. A bench of Justices Dipankar Datta and Prashant Kumar Mishra granted relief to the accused, who had been convicted in a murder case. The High Court had earlier denied them the suspension of sentence. The accused sought the same treatment as co-accused who had been granted suspension of sentence. The State opposed the plea, arguing that one of the accused was facing a separate criminal trial. However, the accused argued that the mere pendency of another trial should not prevent the Court from considering their request. The Supreme Court overruled the High Court’s decision and accepted the appeal, granting the suspension of sentence. The Court noted that the accused is presumed innocent until proven guilty and ruled that the pending trial is not enough to deny the benefit of suspension of sentence. Considering the case, the Court concluded that there were sufficient grounds for granting suspension of sentence and ordered the release of the accused on bail, subject to conditions set by the Sessions Court. Appearance: For Petitioner(s) Mr. J C Gupta, Sr. Adv. Mr. Yogesh Tiwari, Adv. Mr. Vikrant Singh Bais, AOR For Respondent(s) Mr. Ajay Kumar Mishra, Sr. Adv. Mr. Shashank Shekhar Singh, AOR Ms. Ruchira Goel, Adv. Case Title: JITENDRA & ORS. VERSUS STATE OF UTTAR PRADESH www.legalmeet.in