Suspension of Sentence: Appeal seems to be remote and having regard to the huge pendency of criminal appeals in the High Court bail ordered

1. Leave granted.

Appeal against the rejection of the suspension of sentence by the High Court

2. The High Court of Judicature at Allahabad, by the impugned judgment and order dated 10th February, 2023, has rejected the appellants’ prayer for suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973.
3. Appellants Rafeeq Alias Mota and Munna @ Fareed @ Lagghar were convicted by the relevant Sessions Court for offences punishable under Sections 147, 148, 149, 302 and 120-B of the Indian Penal Code, 1860 and sentenced to undergo life imprisonment. They are in continuous custody since 02nd April, 2012 and 04th April, 2012 respectively.

Appeal still pending

4. Such conviction and sentence having been carried by the appellants before the High Court in appeal under Section 374(2), Cr. PC. in the year 2021, the same is pending.

Appeal seems to be remote and having regard to the huge pendency of criminal appeals in the High Court bail ordered

5. The prospect of early hearing of the appeal seems to be remote, having regard to the huge pendency of criminal appeals in the High Court.
6. Considering the law laid down by this Court in Kashmira Singh v. State of Punjab (1977) 4 SCC 291, we are inclined to allow the prayer for suspension of sentence and release the appellants on bail. Ordered accordingly.
7. Consequently, we set aside the impugned judgment and order.
8. Appellants be released on bail, subject to such terms and conditions as may be fixed by the trial court.
9. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the appeal.
10. Appellants shall, however, diligently pursue the appeal before the High Court. If the High Court finds that the appellants are disinterested in taking the appeal to its logical conclusion, it may pass appropriate order including cancellation of bail.
11. The appeal is, accordingly, allowed on the aforesaid terms.
12. Pending application(s), if any, stand disposed of.
13. We clarify that nothing contained in this order shall preclude the State of Uttar Pradesh from considering the application for pre-mature release of the appellants in accordance with law.

Party

Rafeeq alias Mota & Anr. v. State of Uttar Pradesh - Criminal Appeal No. 3053/2026 (arising out of SLP (Crl.) No. 10953/2026) - without an official citation - June 5, 2026, by Hon'ble Mr. Justice Dipankar Datta and Hon'ble Mr. Justice Satish Chandra Sharma.