New Delhi: The Supreme Court has suspended the life sentence of a man convicted of murdering his wife and granted him bail, observing that the case rests entirely on circumstantial evidence and that the appeal pending before the Madhya Pradesh High Court is unlikely to be heard in the near future.
A bench of Justices J.B. Pardiwala and K.V. Viswanathan was hearing a Special Leave Petition (SLP) filed by Shivendra challenging an order of the high court, which had declined to suspend his sentence during the pendency of his criminal appeal.
The petitioner had been convicted by the trial court, along with a co-accused, for the murder of his wife and sentenced to life imprisonment.
Following his conviction, he had approached the MP High Court by filing a criminal appeal and sought suspension of sentence under Section 389(1) of the Code of Criminal Procedure, 1973.
However, the Madhya Pradesh High Court declined to grant him relief.
Taking note of the facts and circumstances of the case, the apex court observed that the prosecution’s case was based solely on circumstantial evidence.
“We take notice of the fact that the entire case hinges on circumstantial evidence,” the Justice Pardiwala-led Bench said.
It also considered the period of incarceration already undergone by the petitioner, who has spent nearly eight years in prison.
The Supreme Court further took notice of the pendency position before the Madhya Pradesh High Court and recorded that criminal appeals of the years 2013 and 2014 were presently being taken up for final hearing.
“We are informed that at present the High Court of Madhya Pradesh is taking up Criminal Appeals of the years 2013 and 2014, respectively. The Criminal Appeal of the present petitioner is of the year 2018. By the time it is taken up for hearing, the petitioner may undergo a further three to four years of imprisonment,” it observed.
“In the overall view of the matter, we are persuaded to exercise our discretion in favour of the petitioner,” it added.
Accordingly, the apex court ordered that “the substantive order of sentence of life imprisonment passed by the Trial Court shall remain suspended” and directed that the petitioner be released on bail, subject to terms and conditions imposed by the trial court.
The Supreme Court clarified that the suspension of sentence would remain operative pending the final disposal of the criminal appeal before the Madhya Pradesh High Court.
(IANS)
