'One More Order From Allahabad HC With Which We're Disappointed': SC Sets Aside Refusal To Suspend Sentence

The Supreme Court set aside an Allahabad High Court order refusing to suspend a convict's 4-year fixed-term sentence without applying settled law.

Justices J.B. Pardiwala and R. Mahadevan cited Bhagwan Rama Shinde Gosai v. State of Gujarat (1999) 4 SCC 421, which mandates liberal suspension of fixed-term sentences unless exceptional circumstances exist. The HC had dismissed the plea solely citing the offence's heinous nature.

Calling this "one more" disappointing order, the bench remanded the matter for fresh consideration within 15 days.

The appellant was convicted under POCSO, IPC, and SC/ST Act provisions.