1. Leave granted.
2. The appellants are aggrieved by the grant of suspension of sentence and consequential bail to respondent No. 1, Chaman, by the High Court of Judicature at Allahabad, vide order dated 09.12.2025 passed in I.A. No. 1/2025 in Criminal Appeal No. 9116/2025.
3. We may note that respondent No. 1, Chaman, suffered conviction for offences punishable under various provisions, including Section 302, of the Indian Penal Code, 1860. It is also an admitted fact that he remained imprisoned only for 3 months and odd days after his conviction. We find from the impugned order that the High Court was led to believe that respondent No. 1 is presently aged 76 years. This impression of the High Court is belied by the fact that the Vote ID Card of respondent No. 1 indicates his age as 64 years presently.
4. Further, the other ground that weighed with the High Court while granting relief to respondent No. 1, Chaman, is that more than hundred criminal appeals were being listed before the Court every day and it would not be possible to decide all of them on merits. This could hardly be a ground to let off a murder convict after incarceration for over just a few months.
5. We are informed that the aforestated period of incarceration for a little over 3 months was after the conviction, and in all, respondent No. 1 has suffered incarceration for 1 year and 16 days. Even if this period of incarceration is taken into consideration, this was hardly a fit case for the High Court to have exercised its discretion in favour of respondent No. 1 and grant him suspension of sentence and consequential bail at this stage.
6. The appeal is, accordingly, allowed, setting aside the impugned order dated 09.12.2025.
7. Respondent No. 1 shall surrender before the trial Court within two weeks from today.
8. Pending application(s), if any, shall stand disposed of.




