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.