New Delhi, April 28: The Supreme Court has granted bail to a convict serving a life sentence for the murder of his wife, halting the sentence. The court noted that the case relies entirely on circumstantial evidence, and there is little chance for a hearing on the pending appeal in the Madhya Pradesh High Court in the near future.
A bench comprising Justices J.B. Pardiwala and K.V. Vishwanathan was hearing a Special Leave Petition (SLP) filed by Shivendra, who challenged the High Court’s order that denied his request to suspend his sentence.
Shivendra was convicted by a trial court for the murder of his wife alongside a co-accused and sentenced to life imprisonment. He subsequently filed a criminal appeal in the High Court seeking suspension of his sentence under Section 389(1) of the Criminal Procedure Code, 1973, but the High Court denied him relief.
Upon reviewing the facts of the case, the Supreme Court remarked that the prosecution’s entire case is based on circumstantial evidence.
The bench stated, “We take note of the fact that the entire case hinges on circumstantial evidence.”
The court also acknowledged that the petitioner has spent nearly eight years in jail and commented on the backlog of cases pending in the Madhya Pradesh High Court.
The Supreme Court pointed out that the High Court is currently hearing criminal appeals from 2013 and 2014, while the petitioner’s appeal dates back to 2018. This means he could remain in jail for an additional three to four years before his hearing takes place.
Considering the overall perspective of the case, the bench expressed its willingness to exercise discretion in favor of the petitioner.
Subsequently, the Supreme Court ordered the suspension of the life sentence imposed by the trial court and directed the release of the accused on bail under the conditions set by the trial court.
The court clarified that this relief will remain effective until the final disposal of the pending criminal appeal in the Madhya Pradesh High Court.
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