KISHORI LAL versus RUPA AND ORS.

KISHORI LAL versus RUPA AND ORS.

Mere absence of misuse of bail during trial does not justify suspension of sentence and grant of bail post-conviction for murder; High Court must consider relevant factors and record reasons before granting bail under Section 389 Cr.P.C.

Parties
Appellant: Kishori Lal; Respondents: Rupa and Ors.; Respondent: State
Jurisdiction
India
Judgment Date
23 September 2004
Procedural Posture
Criminal Appeal / Appeal Against Grant of Bail Pending Appeal
Outcome
Appeal allowed; order for suspension of sentence and grant of bail is set aside.
Legal Topics
Bail, Suspension of Sentence, Murder
Criminal Law Bail Suspension of Sentence Murder

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Parties

Kishori Lal

Appellant

Rupa and Ors.

Respondents

State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Grant of Bail Pending Appeal

Legal Issues

  1. 1 Whether suspension of sentence and grant of bail to persons convicted of murder during pendency of appeal was proper under Section 389 Cr.P.C.

Ratio Decidendi

Mere absence of misuse of bail during trial does not justify suspension of sentence and grant of bail post-conviction for murder; High Court must consider relevant factors and record reasons before granting bail under Section 389 Cr.P.C.

Court Disposition

Appeal allowed; order for suspension of sentence and grant of bail is set aside.

Orders

  • Order of the High Court granting bail and suspending sentence is unsustainable and set aside.
  • High Court shall consider any fresh bail application in accordance with law and proper perspective.