Inadequate Sentence Cannot Be Imposed Merely Because Long Period Has Lapsed By The Time Criminal Appeal Is Decided: Supreme Court
2 years, 11 months ago

Inadequate Sentence Cannot Be Imposed Merely Because Long Period Has Lapsed By The Time Criminal Appeal Is Decided: Supreme Court

Live Law  

The Supreme Court observed that merely because a long period has lapsed by the time the appeal is decided cannot be a ground to award the punishment which is disproportionate and inadequate.The bench comprising Justices MR Shah and BV Nagarathna observed that it has come across a number of judgments of different High Courts in which the criminal appeals are disposed of in a cursory manner and. In this case, Rajasthan High court partly allowed a criminal appeal by maintaining the conviction of the accused for the offence under Section 307 IPC, but by reducing the sentence from three years rigorous imprisonment to the period already undergone by him in confinement. Therefore, the impugned judgment and order passed by the High Court reducing the sentence to the period already undergone from three years rigorous imprisonment imposed by the learned trial Court in respect of accused Banwari Lal is absolutely unsustainable and the same deserves to be quashed and set aside." 21596/2020 | 8 April 2022 Coram: Justices MR Shah and BV Nagarathna Headnotes Summary : Appeal against Rajasthan High court judgment which partly allowed a criminal appeal by maintaining the conviction of the accused for the offence under Section 307 IPC, but by reducing the sentence from three years rigorous imprisonment to the period already undergone by him in confinement - Allowed - Merely because a long period has lapsed by the time the appeal is decided cannot be a ground to award the punishment which is disproportionate and inadequate- trial Court had already taken a very lenient view while imposing the sentence of only three years' rigorous imprisonment.

Appeal Criminal Appeals Criminal Accused High Period Shah Sentence Appeals Court Observed Mr Shah Inadequate Banwari Lal Section 304 Bv Nagarathna Manner 44 Days 304 Part Long Period Different High Courts Section 307 Ipc Truncated Methods  court  observed  supreme  lapsed  criminal  period  long  appeal  decided  imposed  accused  merely  inadequate  appeals  manner  sentence  high

History of this topic

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence
3 months, 2 weeks ago

'Pendency Of Criminal Appeals In MP HC Quite High, Early Hearing Unlikely' : Supreme Court Suspends Sentence

Live Law  

Citing the high pendency of criminal appeals in the Madhya Pradesh High Court and the unlikelihood of an early hearing of an appeal filed in 2024, the Supreme Court recently suspended the sentence of a convict who was sentenced to five years imprisonment in a cheating case.The convict, convicted for the offences punishable under Sections 407, 420, 468, 471, 34 …

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court
10 months, 3 weeks ago

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court

Live Law  

The Supreme Court observed that factors of the likelihood of delay and incarceration for a particular period should not be a sole consideration while deciding the plea of the accused to suspend the sentence pending the appeal against the conviction under Section 389 of Cr.P.C.“On its perusal, we are of the opinion that factors like nature of the offence held …

'Trial Took 40 Years!' : Supreme Court Grants Bail To 75 Year-Old Rape-Murder Convict, Asks HC To Hear His Appeal On Priority
1 year, 5 months ago

'Trial Took 40 Years!' : Supreme Court Grants Bail To 75 Year-Old Rape-Murder Convict, Asks HC To Hear His Appeal On Priority

Live Law  

The Supreme Court on Monday granted bail to a septuagenarian convicted of raping and murdering his niece in view of the extraordinary delay of 40 years in the completion of the trial. The bench also expressed surprise at the convict being sent to custody after 40 years since the incident, even while his appeal is pending in the high court …

SC Deprecates 'dilatory Tactics' Adopted by Parties in Death Penalty Case
2 years, 4 months ago

SC Deprecates 'dilatory Tactics' Adopted by Parties in Death Penalty Case

News 18  

The Supreme Court on Monday strongly deprecated the “dilatory tactics” adopted by the parties and their advocates for “deflecting the course of justice” in a murder case, where seven of the convicts have been awarded death sentence. Justice Bela M Trivedi, who was also part of the bench, took a strict view and said, “Such a dilatory tactics adopted by …

Supreme Court allows Dustin Higgs' execution over dissents by Sonia Sotomayor and Stephen Breyer.
55 years, 2 months ago

Supreme Court allows Dustin Higgs' execution over dissents by Sonia Sotomayor and Stephen Breyer.

Slate  

On Friday night, the Supreme Court’s conservative majority bent a series of bedrock rules to ensure the immediate execution of Dustin Higgs. Several hours later, Higgs became the thirteenth victim of the Trump administration’s quest to revive the federal death penalty after a moratorium of nearly two decades. But Higgs was sentenced by a federal court in Maryland, which abolished …

SC Directs High Courts To Submit 'Plan Of Action' To Address The Issue Of Long Pendency Of Criminal Appeals [Read Order]
4 years, 9 months ago

SC Directs High Courts To Submit 'Plan Of Action' To Address The Issue Of Long Pendency Of Criminal Appeals [Read Order]

Live Law  

The Supreme Court has directed the High Courts of Uttar Pradesh, Rajasthan, Madhya Pradesh, Patna, Rajasthan, Bombay and Orissa to file affidavits submitting their 'plan of action' for deciding the criminal appeals that have been pending before the High Courts for a long period of time. While hearing this case, the bench noted that a large number of criminal appeals …

Section 394 CrPC: Appeal Against Composite Sentence Of Imprisonment & Fine Does Not Abate On The Death Of The Accused: SC [Read Judgment]
5 years, 1 month ago

Section 394 CrPC: Appeal Against Composite Sentence Of Imprisonment & Fine Does Not Abate On The Death Of The Accused: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, if the accused-appellant dies during the pendency of a criminal appeal against a composite sentence of imprisonment as well as fine, the appeal does not abate. During the pendency of the appeal, the High Court noticed the factum of death of the appellant, however, proceeded to decide the appeal on merits referring to the …

Courts Must See That The Public Doesn’t Lose Confidence In The Judicial System: SC Cautions Courts Against Casual Approach In Sentencing [Read Judgment]
6 years, 7 months ago

Courts Must See That The Public Doesn’t Lose Confidence In The Judicial System: SC Cautions Courts Against Casual Approach In Sentencing [Read Judgment]

Live Law  

‘Imposing inadequate sentences will do more harm to the justice system and may lead to a state where the victim loses confidence in the judicial system and resorts to private vengeance.’ Expressing shock about a Rajasthan High Court judgment that had reduced sentence in a criminal case to period already undergone which was only six days, the Supreme Court had …

Suggest Remedies To Ensure Hearing Of Criminal Appeals Within Reasonable Time: SC Asks Centre [Read Order]
7 years, 4 months ago

Suggest Remedies To Ensure Hearing Of Criminal Appeals Within Reasonable Time: SC Asks Centre [Read Order]

Live Law  

The Supreme Court, on Friday, directed the Centre to suggest remedies for ensuring that criminal appeals are heard within a reasonable time. We, accordingly, issue notice to the learned Attorney General to assist this Court on the question as to what can be remedies to ensure hearing of criminal appeals within a reasonable time," the Bench comprising Justice A.K. It …

Litigants should not be penalized for an omission of the Court; SC
10 years, 10 months ago

Litigants should not be penalized for an omission of the Court; SC

Live Law  

A two Judge Bench of the Supreme Court in Arsad Vs. Bani Prosanna Kundu & Ors. held that in the light of the well accepted principle that 'rules of procedure is a handmaiden of justice', the omission of the Court in formulating the 'substantial question of law' does not preclude the same from being heard as litigants should not be …

Litigants should not be penalized for an omission of the Court; SC
10 years, 10 months ago

Litigants should not be penalized for an omission of the Court; SC

Live Law  

A two Judge Bench of the Supreme Court in Arsad Vs. Bani Prosanna Kundu & Ors. held that in the light of the well accepted principle that 'rules of procedure is a handmaiden of justice', the omission of the Court in formulating the 'substantial question of law' does not preclude the same from being heard as litigants should not be …

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