Criminal Lawyer: Order of suspension of sentence in conviction for murder set aside by the SC.

Supreme Court of India

Justice Abhay Manohar Sapre and Justice R. Subhash Reddy

The SC {Vinod Singh Negi v. The State of Uttar Pradesh & Anr.} sets aside the order of the High court, by which, it had suspended the sentence of the accused, in appeal against conviction u/s 302 IPC. It was held by the SC that the HC failed to consider the settled parameters, while deciding the application for suspending the sentence of the accused in heinous offences, pending appeal. 

It was further held that the appellant (complainant)  and the State have filed  additional evidence against the accused persons for the first time  in   the  appeals  before the SC  to   show   the   criminal background of the accused persons and the list of criminal   cases   pending   against   some   accused persons for commission of several offences.  Further held that the list shows that some cases were registered against the concerned   respondents(accused   persons)   prior   to the grant of bail and some cases were registered after the grant of bail.  The High Court did not take note of these facts, therefore, in view of the above, the matter was remanded back to HC for fresh consideration, and the order of suspension of sentence was set aside, and the accused were directed to surrender by the SC.