The Supreme Court has held that for suspension of a life sentence, what should be looked into is something palpable on the basis of which, the court can prima facie reach a conclusion that there are all possible chances that the convict may get acquitted.

The Bench of Justice J.B. Pardiwala and Justice R. Mahadevan generally, a plea for suspension of sentence should be considered liberally if the sentence is for a fixed term and if there are no other exceptional circumstances to decline suspension of sentence.

Advocate Shisba Chawla appeared for the Petitioner.

"Time and again, this Court has said that the plea for suspension of sentence should be considered liberally if the sentence is for a fixed term and there are no other exceptional circumstances to decline. However, if the sentence is of life imprisonment, then for the purpose of considering the plea for suspension of sentence, what should be looked into is something palpable on the basis of which, the appellate court can prima facie reach to the conclusion that there are all possible chances that the convict may get acquitted," the Bench held.

"Be that as it may, the High Court has declined to suspend the substantive order of sentence. The problem is that this matter is from Allahabad. The criminal appeal of the petitioner (convict) is of 2023. We wonder when this appeal would be taken up for hearing," the Bench added.

The Court was hearing an Appeal filed by the petitioner under Section 389 of the Code of Criminal Procedure, 1973, which is now Section 430 of the Bharatiya Nagrik Suraksha Sanhita, 2023, wherein he prayed for suspension of the substantive order of sentence of life imprisonment.

The case, dating back to 2014, revolves around Ansari's alleged act of stabbing a man with whom his wife was said to be having an illicit relationship. The trial court had sentenced Ansari to life imprisonment, while his wife, a co-accused, was acquitted of charges. The grievous incident is said to have occurred outside a mosque following Friday prayers and was witnessed by Ansari's two brothers, who provided critical testimony during the trial. It is to be noted that the judgment and order of conviction passed by the trial court is of the year 2023.

Although Ansari’s appeal against the trial's judgment is currently pending, his plea for suspension of the life sentence has been turned down by the High Court.

The Court stated that while requests for sentence suspension are generally considered more favorably for fixed-term sentences, life sentences mandate a more cautious evaluation to assess the likelihood of acquittal on appeal.

Noting that the petitioner has been in jail for almost 10 years, the Court ordered, "The State needs to answer the aforesaid. Issue notice returnable after four weeks. Dasti service, in addition, is permitted. Liberty is granted to serve the Standing counsel for the State of UP."

Cause Title: Ibrahim Ansari v. State of Uttar Pradesh [Special Leave Petition (Criminal) Diary No.11568/2025]

Appearance:

Petitioner: Advocates Shisba Chawla (AOR), Mohd. Fuzail Khan

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Justice JB PardiwalaJustice R. MahadevanSuspension of Sentence

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.