SC: Courts have No Authority to put a time-bar on Right of Convict to seek Suspension of Sentence or Bail

 

The Supreme Court was dealing with a Special Leave for Petition (criminal) against the judgement passed by the Punjab and Haryana High Court wherein the High Court had refused the petitioner’s prayer for suspension of execution of sentence.

The Apex Court upheld this principal part of the judgement but disapproved the conjunct observation given by the High Court that the petitioner shall not approach the Court “before a minimum period of three years from the date of conviction”.

The Supreme Court enunciated that seeking relief of suspension of execution of sentence and to be released on bail is the statutory right of the appellant and there is no warrant for such a proposition that any appellant be debarred, from renewing his prayer for suspension of execution of sentence, for a particular period.

The top court further clarified that the question whether such a prayer is to be granted or not is an entirely different matter, but what’s important here to note is that such kind of time-specific debarment is not envisaged by the law. Thus, the bench annulled the aforesaid observation of the impugned order and dismissed the petition.

Case Title: Krishan Kumar v. State of Haryana 
Bench: Justice Dinesh Maheshwari, Justice Vikram Nath
Date: 31st January 2022

 

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(With input from news agency language)

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