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CDJ 2026 SC 099
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| Court : Supreme Court of India |
| Case No : Criminal Appeal No. of 2026 [Arising out of SLP (Crl.) No. 17654 of 2025] |
| Judges: THE HONOURABLE MR. JUSTICE DIPANKAR DATTA & THE HONOURABLE MR. JUSTICE SATISH CHANDRA SHARMA |
| Parties : Anil Versus The State of Madhya Pradesh |
| Appearing Advocates : For the Petitioner: ----- For the Respondent: ----- |
| Date of Judgment : 16-01-2026 |
| Head Note :- |
| Criminal Procedure, 1973 - Section 389 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 389 of the Code of Criminal Procedure, 1973
- Sections 341, 307, 302 & 34 of the Indian Penal Code, 1860
- Section 374(2) of the Code of Criminal Procedure, 1973
2. Catch Words:
- Suspension of sentence
- Bail
- Appeal
- Remission
3. Summary:
The High Court of Madhya Pradesh rejected the appellant’s prayer under Section 389 CrPC for suspension of sentence. The appellant, convicted of offences under IPC §§341, 307, 302 & 34 and sentenced to life imprisonment, has served over nine years with remission. His criminal appeal under Section 374(2) CrPC has been pending for seven years, making early hearing unlikely. Citing *Kashmira Singh v. State of Punjab*, the Supreme Court inclined to grant suspension of sentence and bail. Consequently, the impugned judgment was set aside, the appellant was released on bail subject to conditions, and he was directed to pursue the pending appeal diligently. The appeal was allowed on these terms.
4. Conclusion:
Appeal Allowed |
| Judgment :- |
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1. Leave granted.
2. The High Court of Madhya Pradesh, Bench at Indore, by the impugned judgment and order dated 01st May, 2025 has rejected the appellant's prayer under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence (third in the series).
3. Appellant, convicted for an offence punishable under Sections 341, 307, 302 & 34 of the Indian Penal Code, 1860, has been sentenced to life imprisonment.
4. Appellant has undergone more than 9 years in custody with remission.
5. The criminal appeal filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 before the High Court has been pending for the last seven years.
6. Bearing in mind the number of criminal appeals pending in the High Court, the prospect of early hearing of the appeal of the appellant seems to be remote.
7. Considering the law laid down by this Court in Kashmira Singh v. State of Punjab, (1977) 4 SCC 291, we are inclined to allow the prayer for suspension of sentence and release the appellant on bail.
8. Accordingly, we set aside the impugned judgment and order.
9. Appellant be released on bail, subject to such terms and conditions as may be fixed by the trial court.
10. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the appeal.
11. Appellant shall, however, diligently pursue the appeal before the High Court. If the High Court finds the appellant disinterested in taking the appeal to its logical conclusion, it may pass appropriate order including cancellation of bail.
12. The appeal is, accordingly, allowed on the aforesaid terms.
13. Pending application(s), if any, stand disposed of.
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