Supreme Court Grants Bail to Fr. Edwin Pigarez Amid Appeal Proceedings
Sentence Suspended After Serving Half of the 20-Year Term for Heinous Offence Conviction
News Report:
In a significant decision, the Supreme Court of India has granted bail to Fr. Edwin Pigarez, who was convicted under Section 376(2)(i) & (n) of the Indian Penal Code, 1860, for committing a heinous offence. The judgment, delivered by a bench comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran, comes after Fr. Pigarez had already served nearly 10 years of his 20-year sentence imposed by the Kerala High Court.
The case, which has been closely monitored due to its gravity, involved Fr. Pigarez appealing against his conviction and sentence. The Supreme Court's decision to suspend his sentence and grant bail was based on the fact that he had served half of the sentence imposed by the lower court. This move reflects the court's consideration of the appellant's prolonged incarceration and the legal provisions allowing for suspension of sentence under certain circumstances.
During the proceedings, Mr. R. Basant, senior counsel for the appellant, argued for the suspension of the sentence and grant of bail, highlighting Fr. Pigarez's extensive period in custody. Conversely, Mr. P.V. Surendranath, representing the respondent state, strongly opposed the application, citing the appellant’s concurrent conviction for a heinous crime.
Despite the opposition, the Supreme Court noted that while Section 376(2)(i) & (n) permits life imprisonment as a maximum sentence, the minimum sentence prescribed is 10 years. Given that Fr. Pigarez had already completed this minimum period, the bench decided in favor of suspending the sentence during the pendency of his appeal.
The court has directed that Fr. Pigarez be released on bail in connection with the Sessions Case No.203 of 2016, subject to terms and conditions imposed by the Trial Court. This development marks a pivotal moment in the case, as it raises questions about the balance between punishment and the rights of convicted individuals during appeal processes.
The decision is expected to have broader implications on how courts view long-term incarceration in relation to pending appeals, particularly in cases involving serious offences. Legal experts suggest that this ruling could influence future appeals where appellants have served significant portions of their sentences.
Fr. Pigarez’s case will continue to unfold as the appeal progresses, with the Supreme Court's suspension of his sentence serving as a temporary reprieve. The legal fraternity and public alike will be watching keenly for further developments in this high-profile case.
Bottom Line:
Suspension of sentence and grant of bail during the pendency of appeal(s) - Appellant convicted under Section 376(2)(i) & (n) of the Indian Penal Code, 1860 - Minimum sentence for the offence being 10 years; appellant already incarcerated for almost 10 years - Considering that the appellant has served half of the sentence imposed by the High Court, sentence suspended, and bail granted.
Statutory provision(s): Section 376(2)(i), Section 376(2)(n) of the Indian Penal Code, 1860
Fr. Edwin Pigarez v. State of Kerala, (SC) : Law Finder Doc Id # 2780228
