38.6c New Delhi, India, Thursday, October 23, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Not mandatory for convict to serve a particular part of jail term before suspension of sentence, says Supreme Court

By LAWSTREET NEWS NETWORK      16 November, 2023 11:59 AM      0 Comments

NEW DELHI: The Supreme Court has said it is not mandatory to direct a convict to serve a particular period of jail term after his conviction to allow his plea for suspension of sentence by the Appellate Court.

A bench of Justices Abhay S Oka and Pankaj Mithal also said there is no hard and fast rule for an accused to serve a certain period of jail term before the suspension of sentence.

The top court put a question mark on Gujarat High Court's order, which accepted a contention by the state government that only the period undergone post conviction can be considered for such a purpose.

Acting on an appeal filed by Vishnubhai Ganpatbhai Patel and another against the High Court's order of June 20, 2023, the bench directed the trial court to release them on bail within a week till the disposal of their appeal.

The appellants were sentenced to 10 years imprisonment after being convicted of the offences punishable under Section 304 Part I read with Sections 114, 506(2) and 504 of the IPC.

They had undergone sentence for approximately four years and more.

"In our view, the High Court ought to have favorably considered the prayer for grant of suspension of sentence when there were no antecedents and more than 40 per cent of the sentence has been undergone," the bench said.

The court said that the appeal is of the year 2023 which is unlikely to be heard before the entire period of sentence of the appellants is over.

"We may note here something about the approach of the High Court while dealing with the application for suspension of sentence. Before the High Court, surprisingly, a submission was made on behalf of the State that sentence undergone only post conviction should be considered and therefore, a submission was made that the appellants had undergone only 05 months and 27 days," the bench said.

The court said the High Court has accepted the said submission by recording that the appellants have not even completed one year of sentence.

"Apart from the fact that the said approach is incorrect, we may note here that there is no hard and fast rule which requires an accused to undergo sentence for a particular period before his prayer for suspension of sentence is considered," the bench held.



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Order to appoint One Man Committee of Justice (Retd.) Lokur for the Prevention of Stubble Burning Kept in Abeyance by SC itself [READ ORDER] Order to appoint One Man Committee of Justice (Retd.) Lokur for the Prevention of Stubble Burning Kept in Abeyance by SC itself [READ ORDER]

CJI suggests holding measures in abeyance, questioning the PIL petitioner in the stubble burning case. Justice (Retd.) Madan B Lokur's role also discussed.

"Experts Say Your Beautiful Cars Also Contribute to Air Pollution," CJI SA Bobde Says While Hearing Stubble Burning Issue "Experts Say Your Beautiful Cars Also Contribute to Air Pollution," CJI SA Bobde Says While Hearing Stubble Burning Issue

Chief Justice of India S.A. Bobde ensures no stubble burning orders will be passed without considering petitioners' input, confirms Senior Advocate Vikas Singh.

Centre states that Farmers Stubble Burning contributes to 10% Pollution; SC retailitates saying, 'Pollution is caused by city-related issues. Take care of them and then we will come to stubble burning' Centre states that Farmers Stubble Burning contributes to 10% Pollution; SC retailitates saying, 'Pollution is caused by city-related issues. Take care of them and then we will come to stubble burning'

Supreme Court urges Centre, Punjab, Haryana, and UP to implement work-from-home due to air pollution. Next hearing set for November 17, 2021.

WhatsApp Assures High Court Of Full Cooperation In Dhanbad Judge Murder Case WhatsApp Assures High Court Of Full Cooperation In Dhanbad Judge Murder Case

The CBI has charged auto-rickshaw driver Lakhan Verma and his brother Rahul with murder and false information, invoking IPC Sections 302, 201, and 34.

TRENDING NEWS


TOP STORIES

father-of-deceased-pilot-in-ahmedabad-crash-moves-sc-for-court-monitored-probe
Trending Judiciary
Father of deceased pilot in Ahmedabad crash moves SC for court monitored probe

91-year-old father of pilot killed in Ahmedabad Air India crash moves SC seeking court-monitored probe into alleged biased and flawed investigation.

17 October, 2025 10:54 AM
child-cant-consent-to-sex-life-imprisonment-upheld-for-sexual-assault-on-minor-girl-madras-hc
Trending Judiciary
Child Can’t Consent to Sex — Life Imprisonment Upheld for Sexual Assault on Minor Girl: Madras HC [Read Judgment]

Madras HC upholds life imprisonment for assault on minor SC girl, reiterating that a child cannot consent to sex; school records key for age proof.

17 October, 2025 11:45 AM
sc-criticizes-casual-declaration-of-witnesses-as-hostile-upholds-conviction-under-sc-st-act
Trending Judiciary
SC Criticizes Casual Declaration of Witnesses as Hostile, Upholds Conviction under SC/ST Act [Read Judgment]

Supreme Court slams casual practice of declaring witnesses hostile; upholds life imprisonment in SC/ST Act case involving rape of minor girl.

17 October, 2025 11:55 AM
delhi-hc-quashes-22-year-old-complaint-against-advocate-reiterates-that-a-lawyers-office-is-not-a-commercial-activity
Trending Judiciary
Delhi HC Quashes 22-Year Old Complaint Against Advocate, Reiterates That A Lawyer’s Office Is Not A Commercial Activity [Read Judgment]

Delhi HC quashes 22-year-old complaint against advocate, rules that a lawyer’s office is not a commercial activity under MDP 2001 and Building Bye-Laws.

17 October, 2025 01:42 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email