Section 389 CrPC Cannot Be Invoked Mechanically in Life Imprisonment Cases: Supreme Court

The Supreme Court set aside a Patna High Court order suspending the sentence and granting bail to a convict sentenced to life imprisonment for murder under Section 302 read with Section 149 IPC.

The Court held that suspension of sentence under Section 389 CrPC cannot be granted mechanically and must be guided by the gravity of the offence and the role attributed to the accused.

The Supreme Court found that the accused had an active role in the crime and that the seriousness of the offence was wrongly discounted.

Holding that a clear error was committed, the Court allowed the appeal and directed the convict to surrender.

[Rajesh Upadhayay v. State of Bihar & Anr.]