Summary
The Court set aside suspension of the life sentences and appellate bail granted to three murder convicts. The High Court had prematurely reappreciated disputed matters such as FIR delay, overwriting and political rivalry. Suspension required reasoned consideration of palpable infirmities and the gravity of the conviction, rather than selecting evidentiary loopholes. The convicts were directed to surrender within three days; their substantive appeals remained undecided.
Issues
- Scope of scrutiny when suspending a murder sentence and granting bail pending appeal under section 389.
Provisions considered
- Section 389, Code of Criminal Procedure, 1973Distinguished post-conviction suspension from pretrial bail, requiring recorded reasons and restrained prima facie scrutiny rather than reappreciation of evidence. (¶¶ 20-24, 28-35)
Held
- After conviction by a competent court, the initial presumption of innocence is no longer available in the same way as before trial. Suspension and release are not routine: the court must record reasons after considering the nature and manner of the offence, gravity and other relevant circumstances. Suspension in a serious murder case requires exceptional justification. (¶¶ 23-24, 28-32)
- When examining fair prospects of acquittal for this purpose, the appellate court should look for a palpable, apparent or gross infirmity supporting prima facie doubt about sustainability of the conviction. It must not reappreciate the evidence and select isolated lacunae as if finally deciding the appeal. (¶ 33)
- The High Court’s treatment of political rivalry, FIR delay, overwriting and witness-related issues exceeded that limited scrutiny. The record did not disclose the claimed absence of a case or evidence so weak as to support the suspension granted. Those disputed matters remained for the final hearing. (¶ 34-35)
- The suspension and bail order was set aside and the three convicts were to surrender before the trial court within three days. All merits observations were confined to deciding suspension and did not determine the pending criminal appeals. (¶ 37-40)
Result
Both informant’s appeals allowed; High Court’s suspension and bail order set aside. Convicts to surrender within three days; substantive conviction appeals left for independent decision.