No Suspension of sentence or grant of bail during appeal where role of the accused is grave and evidence against him substantial.

Supreme Court Overturns Bihar High Court's Bail Order for Murder Convicts SC emphasizes cautious approach in granting bail for life imprisonment convicts, sets aside High Court's bail orders.

The Supreme Court of India has set aside the Patna High Court's decision to grant bail to two individuals convicted of murder under Section 302 read with Section 149 of the Indian Penal Code (IPC). The apex court, in its judgment dated 18th December 2025, highlighted the need for a cautious approach when considering bail for convicts sentenced to life imprisonment.

The case involved the murder of Krishna Behari Upadhyay, which took place in December 2021 at a village temple in Bihar. The convicted individuals, Sheo Narayan Mahto and his son Rajesh Mahto, were part of a group involved in the murder. The trial court had sentenced them to life imprisonment, along with additional sentences for related charges under the IPC and the Arms Act.

The High Court had previously suspended their sentences and granted bail, citing delays in sending the FIR to the Magistrate and the non-production of the original inquest report as factors influencing their decision. However, the Supreme Court found these considerations irrelevant to the credibility of the prosecution's case.

Justice N.V. Anjaria, delivering the judgment, underscored that the presumption of innocence does not persist post-conviction. The court emphasized that suspension of sentences in life imprisonment cases should only occur in exceptional circumstances, where a gross error in the trial court's judgment is evident.

The Supreme Court noted that both convicts played significant roles in the crime, with one wielding a country-made pistol and both being involved in instigating the murder. The participation and gravity of their actions were deemed serious enough to warrant continued incarceration during the appeal process.

The judgment mandates that both convicts surrender within ten days, with the police ensuring their return to custody. The court's decision reinforces the principle that bail for life sentence convicts should not be granted as a routine matter, especially in cases involving heinous crimes like murder.

Bottom Line:

Suspension of sentence and grant of bail during the pendency of appeal in cases involving conviction under Section 302 IPC should be considered with utmost caution, especially when the role of the accused is grave and evidence against them is substantial.

Statutory provision(s): Section 302 IPC, Section 149 IPC, Section 389 CrPC, Section 27 Arms Act.

Rajesh Upadhayay v. State of Bihar, (SC) : Law Finder Doc Id # 2823526