The Supreme Court has suspended the life sentence of a murder convict whose appeal has remained pending before the Orissa High Court for nearly ten years.
A Bench of Justice Dipankar Datta and Justice S.C. Sharma set aside the High Court’s order that had refused to suspend the sentence of Muna Bisoi. The Court held that prolonged delay in deciding an appeal can justify suspension of sentence, even in serious offences such as murder.
Background Of The Case
A Sessions Court convicted Muna Bisoi under Sections 302/34 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959. He received a sentence of life imprisonment.
Bisoi filed his appeal before the Orissa High Court in 2016. When the High Court heard his application for suspension of sentence on October 22, 2025, he had already spent more than 11 years in custody.
Although the High Court refused full suspension, it granted interim bail for three months because of the long delay. That interim relief was to expire on January 22, 2026.
Before the expiry of that period, Bisoi approached the Supreme Court and challenged the High Court’s refusal to grant suspension of sentence during pendency of the appeal.
Supreme Court’s Reasoning
The Supreme Court observed that nothing on record showed that the delay in disposal of the appeal was attributable to the appellant.
The Bench clarified that the gravity of the offence cannot, by itself, justify continued incarceration when the appeal remains unheard for years and no cogent grounds exist to deny relief.
Accordingly, the Court made the interim bail order absolute and suspended the life sentence imposed by the Sessions Court.
While granting relief, the Bench relied on Kashmira Singh v. State of Punjab, (1977) 4 SCC 291. In that decision, the Supreme Court had criticised the practice of keeping convicts in custody for years while their appeals remain pending.
Endorsing that principle, the Bench observed:
“Bearing in mind that nothing is on record to indicate that delay in disposal of the appeal is attributable to the appellant… we are inclined to allow the appeal by suspending the sentence of life imprisonment imposed on the appellant by the Sessions Court and to make the interim order absolute.”
Direction To The High Court
The Supreme Court allowed the appeal. It directed the Orissa High Court to decide the pending criminal appeal as early as possible, preferably within six months from receipt of a copy of the order.
Cause Title: Muna Bisoi v. State of Odisha
Appearance:
For the Petitioner(s): Mr. Haraprasad Sahu, Advocate; Mr. Ajay Kumar Jain, Advocate; Mr. Pranaya Kumar Mohapatra, Advocate-on-Record.
For the Respondent(s): Ms. Bharti Tyagi, Advocate-on-Record; Ms. Vishakha Raghuram, Advocate; Mr. Tarun Bhati, Advocate; Mr. Vikash Kumar, Advocate.
