SUPREME COURT OF INDIA
DIVISION BENCH
MUNCHUN KHAN
Vs.
THE STATE OF BIHAR
( Before : Dipankar Datta and Augustine George Masih, JJ. )
Criminal Appeal No….of 2025 [Arising out of SLP (Crl.) Diary No. 26131 OF 2025]
Decided on : 17-10-2025
A. Criminal Procedure Code, 1973 (CrPC) — Suspension of Sentence — Bail Pending Appeal — Appellant incarcerated for over seven and a half years, appeal pending before High Court for years — Sufficient grounds exist for suspension of sentence and release on bail during appeal pendency — Order of High Court declining to suspend sentence set aside. (Paras 3, 4, 6, 7)
B. Criminal Procedure Code, 1973 (CrPC) — Suspension of Sentence as granted by Supreme Court — Conditions — Appellant to diligently pursue appeal before High Court — Unrepresented at hearing may lead to cancellation of bail. (Para 8)
C. Criminal Procedure Code, 1973 (CrPC) — Suspension of Sentence — Observations in Order — Grant of bail and observations made during the consideration of suspension of sentence do not constitute findings on the merits of the case. (Para 9)
ORDER
1. Delay condoned.
2. Leave granted.
3. The appellant’s prayer for suspension of sentence has been declined by the High Court of Judicature at Patna by the impugned judgment and order dated 13th September, 2021.
4. The appellant, having been sentenced to ten years’ rigorous imprisonment, has been in custody for more than seven and a half years.
5. The criminal appeal against the conviction and sentence, filed in the year 2020, is still pending.
6. Having heard learned counsel for the parties and on perusal of the materials on record, we are of the considered opinion that the appellant has made out sufficient ground for suspension of sentence and consequent release on bail, during the pendency of the appeal before the High Court.
7. Accordingly, we set aside the impugned judgment and order. The appellant shall be released on bail, subject to such terms and conditions as may be imposed by the trial court.
8. The appellant will diligently pursue his appeal before the High Court. If he is found unrepresented at the time of hearing, the High Court will be at liberty to pass appropriate order including cancelling the bail granted in terms of this order.
9. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.
10. The appeal is, accordingly, allowed on the aforesaid terms.
11. Pending application(s), if any, stand disposed of.