Can’t debar anyone from renewing prayer for suspension of sentence for particular period: SC

PTI, Feb 4, 2022, 6:02 PM IST

No person can be debarred from renewing his prayer for suspension of execution of sentence for a particular period as such kind of time-specific debarment is not envisaged by the law, the Supreme Court has said.

The apex court said that seeking relief of suspension of execution of sentence and to be released on bail is the statutory right of an individual. A bench of Justices Dinesh Maheshwari and Vikram Nath made the remarks while annulling the observations made in an order by the Punjab and Haryana High Court which had said that the applicant shall not approach the court “before a minimum period of three years from the date of conviction”. The high court had passed the December 2020 order on an application seeking suspension of sentence awarded in a murder case.

The apex court said it is not inclined to consider interference in the principal part of the high court’s order which had not accepted the prayer for suspension of execution of sentence at the given stage. “However, we have also taken note of the observations made in the last part of the order impugned, whereby, the high court has provided that the petitioner shall not approach the court ‘before a minimum period of three years from the date of conviction’,” the bench noted in its order passed earlier this week.

It said these observations “cannot be approved” for the reason that seeking relief of suspension of execution of sentence and to be released on bail is the statutory right of a person.

The bench further said there is no warrant for such a proposition that any appellant is debarred from renewing his prayer for suspension of execution of sentence for a particular period. “As to whether such a prayer is to be granted or not is a matter entirely different but such kind of time-specific debarment is not envisaged by the law. Therefore, we would annul the aforesaid observations occurring in the penultimate paragraph of the order impugned,” the bench said.