In a brief but significant order, the Supreme Court on Friday set aside an Allahabad High Court decision that had denied bail to a young Agra resident, Shubham, who has been behind bars for almost three years. The bench, hearing the matter amid a relatively light cause list, remarked that the delay in concluding the appeal was “a matter of concern,” eventually deciding to suspend his sentence pending the outcome of his appeal.
Background
Shubham was convicted by the Additional Sessions Judge, Court No.1, Agra, and sentenced to five years’ rigorous imprisonment along with a fine of ₹5,000. In case of non-payment, he was required to serve an additional six months of simple imprisonment.
He challenged the conviction before the Allahabad High Court in Criminal Appeal No. 7160 of 2023, but the appeal has remained pending. When the High Court declined his request for suspension of sentence on 20 August 2025, he approached the Supreme Court through a Special Leave Petition, hoping for relief until his main appeal could be heard.
During the hearing on 21 November 2025, the bench comprising Justice Vikram Nath and Justice Sandeep Mehta took note of the prolonged incarceration and the practical reality that the High Court was unlikely to hear the appeal anytime soon.
Court’s Observations
Inside Court No.3, the bench kept the interaction crisp. Counsel for the petitioner highlighted that Shubham had already spent nearly three years in jail-more than half the total sentence-despite his appeal not even reaching the final hearing stage. The State’s counsel opposed the plea but did not dispute the period of incarceration.
The judges appeared concerned about the delay. One of them remarked informally during the discussion that such prolonged pendency could not be ignored when personal liberty was at stake. Reflecting this sentiment, the bench wrote in its order: “Considering the facts and circumstances of the case and more particularly the period of incarceration… and since hearing of the appeal is unlikely in the near future, we are inclined to accept the prayer.”
In a courtroom where many routine matters move quickly, this observation stood out. The reference to “unlikely in the near future” captured the practical bottleneck-a common complaint in appeals against conviction pending in High Courts.
Decision
Ultimately, the Supreme Court suspended Shubham’s sentence and ordered that he be released on bail while his appeal continues before the Allahabad High Court. The bench directed that the trial court would decide the conditions of bail. “We, therefore, suspend the sentences and direct that the appellant shall be released on bail… on such terms and conditions as may be imposed by the trial Court,” the bench said.
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With that, the appeal was allowed, and all pending applications were disposed of. The order brought a clear sense of relief to the defence side, while the State’s representatives accepted the outcome without further objections. The matter now returns to the High Court, where the appeal awaits a full hearing-whenever that may come.
Case Title: Shubham vs. State of Uttar Pradesh
Case No.: Criminal Appeal (Arising out of SLP (Crl.) No. 16235 of 2025)
Case Type: Criminal Appeal – Suspension of Sentence / Bail during Pendency of Appeal
Decision Date: 21 November 2025