Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2009

Supreme Court of India · 2009-02-09

Anil Ari vs State Of West Bengal

Citation / case number
AIR 2009 SUPREME COURT 1564
Court
Supreme Court of India
Petitioner
Anil Ari
Respondent
State Of West Bengal
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the rejection of the application for suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973, for four appellants convicted under Sections 342, 302, and 201 read with Section 34 of the Indian Penal Code, 1860. The Court emphasized that the appellate court must objectively assess the case and provide written reasons for granting suspension, noting that prior bail during trial does not automatically justify suspension post-conviction. The Court affirmed the High Court's view that sufficient evidence existed to establish guilt, thus denying the suspension of sentence.

Anil Ari vs State Of West Bengal · Niyam