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Sunita Devi v. State of Bihar & Anr.

Criminal Appeal · 2018 INSC 34Decided 18 Jan 2018
Criminal Appeal No. 117 of 2018
Justice Kurian Joseph · Justice Amitava Roy

Background

This order sends the case back; it does not decide the dispute. The High Court suspended the life sentence of a person convicted of murder. The complainant appealed.

Decision Breakdown

This is not a final decision on the dispute. The Court found that the High Court had not followed Section 389 CrPC, which requires the Public Prosecutor to be given a chance to object in writing and the gravity of the offence to be considered. It set aside the order, sent the matter back for a fresh decision, and treated the convict as on interim bail for three months meanwhile.

Lesson Learnt

A convict's sentence cannot be suspended without hearing the prosecutor and weighing the seriousness of the crime.

Official source (sci.gov.in)View Judgment (PDF)

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