Supreme Court of India · 2008-12-15
Shiv Kumar vs State Of Nct Of Delhi
- Court
- Supreme Court of India
- Petitioner
- Shiv Kumar
- Respondent
- State Of Nct Of Delhi
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the appeal against the Delhi High Court's order rejecting the appellant's application for suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973. The Court emphasized that suspension of sentence should be considered liberally unless exceptional circumstances exist, particularly when the sentence is of limited duration. The Court found that the High Court did not adequately consider the appellant's circumstances, including the duration of custody and the nature of the conviction under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988, which warranted a reevaluation of the suspension request.