In Brief
This case concerns the High Court's order suspending the sentence of a convict sentenced to life imprisonment under Section 302 IPC. The Supreme Court set aside the order because the High Court failed to follow the mandatory procedure prescribed under Section 389 Criminal Procedure Code. The Court held that before considering release of such a convict, the appellate court must first give the Public Prosecutor a prior written opportunity to show cause against release, and must judiciously consider all relevant factors. The matter was remitted to the High Court for fresh consideration in accordance with the proper procedure.
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