The Supreme Court on Monday suspended the sentence of Vijay Thakur, who was serving a ten-year term for causing the death of his father, noting that he has already spent nearly five years behind bars and the appeal may take longer to conclude. The hearing took place before a two-judge bench that weighed the unusual family circumstances and the time already undergone in jail.
Background
Thakur was originally convicted by a trial court in Chhattisgarh of murder and sentenced to life imprisonment. However, the High Court modified the conviction to culpable homicide not amounting to murder (Section 304 Part-I IPC), reducing the sentence to ten years. The case revolves around an incident where Thakur was accused of hitting his father with a wooden stick during a domestic quarrel.
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The defense argued that the incident was not pre-planned, but a sudden emotional flare-up within the family. His counsel stressed that the accused is the son of the deceased, highlighting the emotional complexity of the situation.
Court’s Observations
During the hearing, the petitioner’s legal team emphasized that Thakur had already served 4 years and 11 months in custody. They urged the court to consider suspending the remainder of the sentence while the appeal is still pending, a process that could take considerable time.
The bench appeared mindful of this, remarking on the practical aspect of incarceration exceeding necessary lengths due to prolonged appeals. One of the judges noted, “We must consider the time already served and the nature of the allegations, especially when the appellant is the son of the deceased.” (as reflected in courtroom exchanges)
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The court also acknowledged that it had previously called for the lower court records, yet those records had not arrived, adding to the delay.
Decision
After hearing both sides, the Supreme Court ordered that Vijay Thakur’s sentence be suspended during the pendency of the appeal. The bench directed that he be released on bail subject to conditions determined by the trial court. The order effectively means Thakur will step out of jail while his appeal continues, though the final outcome of the case is still far from decided.
Case: Vijay Thakur vs State of Chhattisgarh – Suspension of Sentence during Pending Criminal Appeal
Court: Supreme Court of India
Bench: Justice Manoj Misra & Justice Ujjal Bhuyan
Petitioner: Vijay Thakur
Respondent: State of Chhattisgarh
