New Delhi: The Supreme Court of India has delivered a significant order granting bail to a 70-year-old petitioner convicted of fraud-related offenses while criticizing the Madhya Pradesh High Court's approach in denying the suspension of sentence.
An order passed by a Vacation Bench comprising Justice J.B. Pardiwala and Justice Ujjal Bhuyan heard the Special Leave Petition arising from the Madhya Pradesh High Court's order. The court noted that the petitioner, Bherulal, was convicted by a trial court for offenses under Sections 420, 467, 468, 471, 120-B, and 201 of the Indian Penal Code and sentenced to four years of rigorous imprisonment with a fine of Rs 5,000.
Supreme Court Bail Decision for 70-Year-Old Convict Highlights High Court Errors
The court observed, "The petitioner herein is seventy years of age and is ailing. We are informed that as of today, his vision is almost 90% impaired. We also take notice of the fact that the petitioner has already undergone two years of the sentence."
Madhya Pradesh High Court's Approach Criticized in Supreme Court Bail Ruling
Criticizing the High Court's approach, the Supreme Court stated, "We take notice of the fact that stereotype orders are passed by the High Courts without any application of mind. The High Court should have realized that the petitioner is seventy years of age and, out of four years of the maximum sentence imposed, has already undergone two years of the sentence. The petitioner is virtually blind."
The court emphasized that the law regarding the suspension of the sentence for fixed-term imprisonments is well-settled, observing, "If the sentence imposed by the trial court is for a fixed term, then ordinarily the appellate court should consider the plea for suspension of sentence liberally, unless there are any exceptional circumstances emerging from the record of the case to decline such relief."
Expressing dismay over the High Court's casual approach, the court noted, "Such a casual approach of the High Court has led to the filing of this Special Leave Petition before the highest court of the country. This litigation could have been easily avoided had the High Court applied the correct principles of law governing the suspension of the sentence of fixed terms of imprisonment."
In conclusion, the Supreme Court issued notice to the respondent state, returnable in four weeks, and ordered the petitioner's immediate release on bail, subject to terms and conditions that the trial court may deem fit to impose.
