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Justice delayed can erode public confidence: SC orders suspension of sentence in cases of prolonged incarceration pending appeal

LAW FINDER NEWS NETWORK | February 23, 2026 at 11:30 AM
Justice delayed can erode public confidence: SC orders suspension of sentence in cases of prolonged incarceration pending appeal

Supreme Court Suspends Life Sentence, Grants Bail to Accused Amidst Prolonged Incarceration, Apex Court Emphasizes Justice Delayed is Justice Denied; Calls for Expedited Appeal Process


In a significant ruling, the Supreme Court of India has suspended the life sentence of Muna Bisoi, who has been incarcerated for over 11 years pending appeal, and granted him interim bail. The decision underscores the court's recognition of the potential miscarriage of justice due to prolonged delays in appeal hearings.


The bench, comprising Justices Dipankar Datta and Satish Chandra Sharma, delivered the judgment on February 16, 2026, highlighting the statutory right of appeal under Section 374(2) of the Code of Criminal Procedure, 1973. The court noted that the right to appeal is a crucial aspect of the justice system, and prolonged incarceration without a timely hearing could lead to grave injustice, especially if the appellant is ultimately found innocent.


Muna Bisoi, convicted under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, was sentenced to life imprisonment by the Sessions Court. His appeal has been pending since 2016, with the High Court of Orissa unable to dispose of it, resulting in his decade-long incarceration.


Referencing the landmark case of Kashmira Singh v. State of Punjab (1977) 4 SCC 291, the Supreme Court reiterated the necessity of reconsidering the traditional practice of not granting bail to life convicts. The court emphasized that justice delayed can erode public confidence in the judicial system and that appeals should be disposed of within a reasonable timeframe.


The court further directed the High Court to expedite the hearing of Bisoi's appeal, ideally within six months, and suggested appointing an Amicus Curiae if the appellant fails to prosecute the appeal actively. This decision aims to prevent further undue delays and ensure that justice is served efficiently.


This ruling is seen as a reaffirmation of the judiciary's commitment to safeguarding individual rights and ensuring that procedural delays do not result in unjust outcomes.


Bottom Line:

Suspension of sentence in cases of prolonged incarceration pending appeal - Statutory right of appeal under Section 374(2), Code of Criminal Procedure, 1973.


Statutory provision(s): Section 374(2) of the Code of Criminal Procedure, 1973, Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act


Muna Bisoi v. State of Odisha, (SC) : Law Finder Doc id # 2856613

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