The Supreme Court has suspended the three-year sentence awarded to six convicts, observing that prolonged pendency of criminal appeals in the high courts risks causing miscarriage of justice if appellants are forced to undergo punishment before their appeals are heard.
A bench comprising Justices Dipankar Datta and Vijay Bishnoi, in an order dated September 10, noted that the convicts had filed appeals before the Chhattisgarh High Court against their conviction, but hearings were not likely to take place in the near future due to the backlog of criminal cases.
“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 observed.
It added that compelling the appellants to serve out their sentence without adjudication of their appeal would amount to a “miscarriage of justice.” The court criticised the high court for not taking this factor into account while earlier refusing suspension of sentence.
The six convicts had been sentenced to three years’ imprisonment and fined in connection with a criminal case. Two of them were also convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Their plea for suspension of sentence had been rejected by the Chhattisgarh High Court in March 2025, prompting them to move the Supreme Court.
While granting relief, the apex court ordered their release on bail, subject to bonds and conditions imposed by the trial court. It directed the high court to hear their appeals expeditiously but clarified that if the appellants seek unnecessary adjournments or fail to participate diligently, the high court would be free to pass appropriate orders, including revoking bail.
