The Supreme Court on Wednesday (July 3) criticized the Madhya Pradesh High Court for its casual refusal to consider the plea of a 70-year-old ailing man for the suspension of his sentence. Granting bail to the petitioner, the Supreme Court emphasize that pleas for sentence suspension should be consider liberally in cases involving fixed-term sentences, unless exceptional circumstances exist.
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The case involved a seventy-year-old man with 90% impaired vision, convicted under Sections 420, 467, 468, 471, 120-B, and 201 of the Indian Penal Code. Having served two years of a four-year rigorous sentence, he sought suspension of his sentence pending an appeal against his conviction. The High Court, however, rejected his plea without providing any justification.
Noting that the petitioner had already served half of his sentence, the Supreme Court criticized the High Court for issuing a order lacking application of mind and failing to identify any exceptional circumstances.
The Supreme Court asserted that appellate courts should generally consider pleas for suspension of sentence liberally for fixed-term sentences unless the case record reveals exceptional circumstances that justify denial. Consequently, the Court issued notice to the respondent/State and granted bail to the petitioner, subject to conditions imposed by the Trial Court.
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