The accused demanded parity with other co-accused, who were granted the benefit of suspension of sentence. The state opposed the plea for suspension of the sentence of one of the accused on the ground that a trial in another criminal case was pending against him.
It was contended by the accused/appellant that mere pendency of the trial should not stand in the way of this Court considering The Supreme Court yesterday (Oct. 4) observed that the pendency of the trial against the accused in one case cannot be a ground for denying him the benefit of a suspension of sentence.
The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra granted a relief to the accused who was convicted in a murder case but denied the benefit of the suspension of sentence by the High Court.
the prayer of the appellant-Narendra Singh for suspension of sentence.
Setting aside the High Court's decision, the Court accepted the Appellant's contention and granted him the benefit of suspension of sentence.
“That apart, mere pendency of the other trial where the appellant-Narendra Singh 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 court observed.
“Bearing in mind the above factors, we are of the view that the appellants have made out sufficient ground for suspension of sentence and release on bail upon such terms and conditions to be imposed by the Sessions Court.”,
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