Six Years Seven Months in Custody, Appeal Pending Since 2022: Supreme Court Suspends Life Sentence

The Trial Court convicted the appellant of offences under Sections 451, 323, 504 and 376(3) of the Indian Penal Code, 1860, the Protection of Children from Sexual Offences Act, 2012, the Information Technology Act, 2000 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentenced him to life imprisonment (para 3). His criminal appeal against the conviction is pending before the High Court, which dismissed his application to suspend the sentence during the appeal (para 4). Before the Supreme Court, the defence put his custody at more than 7.5 years and pointed to discrepancies in the prosecution witnesses' testimonies; the State said he had undergone 6 years and 7 months (paras 5-6).

The Court did not settle which custody figure was correct. 'Be that as it may', it noted that the appeal is of the year 2022 and is still pending consideration before the High Court (para 7). It then took the State's own figure as the admitted position: the appellant has undergone incarceration for 6 years and 7 months (para 8). On this ground alone, the Court said, it was inclined to set aside the impugned order, suspend the sentence until the criminal appeal is disposed of, and grant bail (para 8). The order does not examine the claimed discrepancies in the witnesses' testimonies (para 5) and expresses no view on the merits of the conviction. It set aside the High Court's order, suspended the sentence during the pendency of the appeal, and directed the appellant's release on bail on terms and conditions to the satisfaction of the Trial Court (para 9). The order cites no decision and names no provision under which the sentence is suspended.