In Brief
The Supreme Court addressed two appeals challenging the High Court's decision to suspend sentences and grant bail to convicts sentenced for murder under Sections 302/149 IPC. A man and his son were killed during a communal incident at a temple in Bihar on 11 December 2021. The trial court convicted six persons including the respondents for murder and related offences. On appeal, the High Court suspended their sentences based on procedural defects and the nature of their roles as instigators. The Supreme Court set aside these orders, holding that suspension of sentence for murder convictions requires exceptional circumstances. Procedural defects and the characterisation of instigation roles cannot override the seriousness of murder convictions. Post-conviction bail stands on different footing than pre-trial bail, and the presumption of innocence ceases after conviction. The Court directed the convicts to surrender within ten days.
The lawyer headnote and full judgment text are available to registered users.