No Mandatory Appearance at Every Hearing After Bail on Sentence Suspension: Supreme Court Of India

No Mandatory Appearance at Every Hearing After Bail on Sentence Suspension: Supreme Court Of India

The Supreme Court has made it clear that an accused whose sentence has been suspended and who has been released on bail cannot be forced to remain personally present before an appellate or revisional court on every date of hearing.

A Bench comprising Justice Aravind Kumar and Justice Prasanna B Varale delivered the ruling while hearing a matter arising from a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The petitioner had been convicted by the trial court, but her sentence was suspended during the pendency of the appeal and she was granted bail.

However, the appellate court later cancelled her bail and issued a non-bailable warrant for her absence on certain dates, a move that was challenged before the apex court.

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A Bench comprising Justice Aravind Kumar and Justice Prasanna B Varale delivered the ruling while hearing a matter arising from a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The petitioner had been convicted by the trial court, but her sentence was suspended during the pendency of the appeal and she was granted bail.

However, the appellate court later cancelled her bail and issued a non-bailable warrant for her absence on certain dates, a move that was challenged before the apex court.

The apex court restored the petitioner’s bail and directed that it shall continue until the final disposal of the criminal appeal. It further ordered that a copy of the judgment be placed before the Chief Justice of the Punjab and Haryana High Court for circulation among the district judiciary through an appropriate circular.

The Supreme Court also directed the appellate court to decide the pending appeal expeditiously, preferably within a period of three months. (KNC)