April 28, 2019:
Supreme Court has observed that appellate court cannot refuse to suspend the sentence of an accused if sentence of co-accused has already been suspended.
A bench of Justice Nariman and Justice Kaul has passed the order in case titled SHARAD KUMAR MODI vs THE STATE OF RAJASTHAN on 22.04.2019.
Rajasthan High Court has repeatedly declined to suspend the sentence of Sharad Kumar Modi. He then approached the Supreme Court.
Supreme Court found fault with the approach of the High Court. It observed and held “Having heard learned counsel for both sides, we are of the view that the High Court judgment is incorrect when, after noticing that after accused No.3’s sentence was suspended, refused the same insofar as the appellant is concerned. We, therefore, set aside the judgment and suspend the sentence insofar as the appellant is concerned. The appeal is disposed of accordingly”.
Read the order here:
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