SUNITA DEVI vs STATE OF BIHAR

The Supreme Court set aside the High Court's order suspending the sentence of the second respondent convicted under Section 302 IPC, emphasizing the mandatory procedure outlined in Section 389 Cr.P.C. The Court reiterated that the appellate court must provide the Public Prosecutor an opportunity to object to the release of a convict sentenced to significant punishment. The matter was remitted to the High Court for fresh consideration, allowing all parties to raise their contentions.