The Supreme Court today has declined to suspend the sentence of a convict who has already undergone over seven years of actual imprisonment out of a 10-year term, but directed the Delhi High Court to hear his pending criminal appeal on an out-of-turn basis.
The Bench of Chief Justice of India, Justice Surya Kant, Justice Joymalya Bagchi and Justice N.V. Anjaria noted that the period of incarceration alone is not the sole criterion for suspension of sentence, especially when the appeal is already listed for final hearing.
“Why do we suspend a sentence? Only when we are uncertain about the time that will be taken in deciding the appeal,” the Court observed, adding that once the appeal is listed, the issue of suspension becomes academic.
Taking note of submissions that the appeal is fixed for hearing on February 11, the Court said it would request the High Court to take up the matter day-to-day and decide it expeditiously, preferably within three months. The Bench clarified that if an appeal filed by the victim seeking enhancement of sentence is pending, the High Court may consider hearing both matters together.
During the hearing, the Bench also came down heavily on attempts to influence proceedings outside the court through public commentary. Warning counsel against engaging with the media, the Court said:
“As a Chief Justice of India, I can’t tolerate these things. You are arguing here, and at the same time conducting a parallel trial outside the court. This is not acceptable.”
Issuing a stern caution, the Court added:
“If you indulge in this kind of drama, there will be consequences.”
The Bench emphasised that regardless of the nature of allegations or public sentiment, every accused is entitled to a fair, dispassionate hearing confined strictly to the evidence on record, uninfluenced by media narratives.

