The Supreme Court of India has ruled that a person loses the benefit of the presumption of innocence once convicted by a court of law. In a recent order, a bench of justices JB Pardiwala and KV Viswanathan set aside Allahabad high court orders that had suspended the life sentences of three convicts in the 2017 murder of Meerut municipal councillor Aarif and his associate Shadab.
The court emphasized that appellate courts must not re-appreciate evidence and suspend life sentences unless there are compelling indications that the conviction may not ultimately survive scrutiny. The ruling is significant for its restatement of the law governing suspension of sentence after conviction, particularly in serious offences carrying life imprisonment.
The bench underscored that appellate courts should remain 'loath and circumspect' while dealing with applications for suspension of sentence and release on bail pending appeal. The court also found the high court's approach to granting bail to the convicts legally unsustainable, citing the doctrine of unlawful assembly.
