New Delhi, Sep 11 (PTI) The Supreme Court has suspended the three-year sentence of six convicts observing the pendency of criminal appeals in the high courts was "quite high" with hearings not taking place any time soon.
A bench of Justices Dipankar Datta and Vijay Bishnoi observed the six convicts filed the appeal before the Chhattisgarh High Court against their conviction and the matter was pending.
"The right to appeal is a statutory right. The appellants are in custody. Pendency of criminal appeals in each high court is quite high. Hearing of the appeal carried by the appellants does not seem to be imminent," the bench said in its September 10 order.
Considering the sentence, the top court observed it could amount to a "miscarriage of justice" if the appellants were made to serve such term without the appeal being heard.
"This aspect does not appear to have engaged the consideration of the high court. In such view of the matter, we are inclined to suspend the sentence and release the appellants from custody," it said.
The bench's order came on the plea against the high court's March 2025 order refusing to suspend their sentence.
The appellants were also saddled with fine in the case.
Two of the six accused were also convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The bench noted they had challenged their conviction before the high court but despite sincere endeavour, the high court was unable to decide the appeal finally.
It directed their release on bail, subject to bonds and terms and conditions imposed by the trial court.
While allowing the plea, it allowed the high court to proceed with the appeal expeditiously.
If appellants unnecessarily seek adjournments or do not diligently participate in the appellate proceedings, the bench said, the high court would be at liberty to pass appropriate order. PTI ABA ABA AMK AMK