Shivani Tyagi vs State Of U.P.

The Supreme Court addressed the suspension of sentence under Section 389 of the Code of Criminal Procedure, emphasizing that the appellate court must objectively assess the case and record reasons for granting bail, especially in serious offences. The Court criticized the High Court for its failure to apply its mind and for not providing adequate reasoning for the suspension of sentence and bail. The judgment reiterates that the normal rule for short-term imprisonment does not apply to serious offences, where the burden lies on the convicts to justify suspension of sentence.