Criminal lawyer: SC held in sentencing sufficient time should be granted for hearing pre sentence arguments.- 21:00
Supreme Court of India
Justice NV Ramana
In the case titled as "Accused Versus state of Maharashtra" the three judges bench of the Supreme Court has held that there should be sufficient time which deserve to be granted to the accused for pre sentence hearing.
The supreme court further held that one paragraph sentencing was improper by the courts below. The emphasis was on the point that not only the sufficient time should be granted to the accused to present his case on the quantum of sentence, but at the same time the courts should also record the reasons duly reflected from the judgement, while awarding the sentence to the accused.
It was improper for the court to sentence the accused, by not giving sufficient time for hearing on the point of sentence and, then, also not dealing properly the aspect of sentence in the judgement.
The supreme court also discussed about the separate date for sentence hearing in the criminal matters.
In the present matter the review petition was allowed and the sentence of death awarded to the accused was set aside and the same was modified to imprisonment for rest of life Sans any right to remission.