In Brief
A State challenged the High Court's order suspending the sentence of a convict convicted under Section 302 IPC (murder) and sentenced to life imprisonment or death. The Supreme Court held that the High Court failed to follow the mandatory procedural requirements under Section 389 CrPC. Before suspending or releasing such a sentence, the appellate court must first provide the Public Prosecutor a written opportunity to show cause, consider written objections if filed, and judiciously evaluate factors like offence gravity, criminal antecedents, and public confidence. Finding non-compliance, the Court set aside the High Court's order and remitted it for fresh adjudication in accordance with law.
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