VidhiSangh

Supreme Court of India · 30/10/2023

PURUSHOTHAMAN versus STATE OF TAMIL NADU

[2023] 14 S.C.R. 181 · 2023 INSC 970

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored the appellant’s suspension of sentence and bail after the High Court cancelled them solely because counsel sought an adjournment. Bail under Section 389 could not be cancelled without reasonable opportunity to be heard. An unreasonable adjournment request could instead be refused and the criminal appeal addressed through the lawful alternatives in Bani Singh. The conviction appeal remained for the High Court’s decision.

Issues

  1. Whether appellate bail could be cancelled summarily because counsel sought an adjournment.
  2. How an appellate court may respond to an unreasonable refusal to argue the criminal appeal.

Provisions considered

Held

Result

Appeal allowed; cancellation order quashed and order of 12 January 2018 suspending sentence and granting bail restored. High Court remained free to deal lawfully with unwarranted adjournments while deciding the pending appeal.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 181.