Article 21 cannot be invoked ignoring nature of crime: Jharkhand High Court refuses to suspend man’s life sentence

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3 min readNew DelhiApr 2, 2026 08:00 AM ISTJharkhand High Court dismissed the application filed by the convict. (Image generated using AI)The Jharkhand High Court recently refused to suspend the life sentence of a man convicted of a brutal murder involving the beheading of the victim, observing that Article 21 (right to life) of the Constitution cannot be invoked, ignoring the nature of the crime.A bench of Justices Sujit Narayan Prasad and Sanjay Prasad dismissed an interlocutory application filed by the man who had sought suspension of his sentence pending appeal.“Article 21 of the Constitution of India is being agitated, but Article 21 cannot be invoked ignoring the nature of crime if found to heinous as the facts of the present case is concerned rather the duty of the Court of Law is by making balance, the sentence is to be suspended on the ground of sentence having been undergone,” the bench noted. Justices Sujit Narayan Prasad and Sanjay Prasad dismissed the interlocutory application.Also Read | Jharkhand High Court slams ‘lethargic attitude’ of police after 12-year-old’s rape and murder, takes suo motu cognisanceThe appellant was convicted in 2020 by a trial court under Sections 302 (murder)/34 (common intention) and 201 (evidence disappearance)/34 of the IPC and sentenced to life imprisonment. According to the prosecution, the accused had murdered the victim by beheading him, and the severed head was later recovered from a well.The counsel for the convict submitted that it was a case where although the prayer for suspension of sentence was withdrawn twice but the prayer was being renewed on the ground that the applicant has already undergone sentence of 10 years.Rejecting the plea, the bench observed that while the period of sentence undergone can be a relevant consideration, it cannot be the sole ground to suspend the sentence, particularly in cases involving “heinous” crimes.“This court is conscious that the sentence is to be taken into consideration as one of the grounds for suspension of sentence but it cannot be the sole ground to suspend the sentence that too in a nature of crime as has been found in the present case wherein the person concerned, the deceased, has brutally been murdered by beheading and throwing it in a well leaving the headless dead body,” the court said.Story continues below this adConsidering the nature of the crime, the court noted that it was not a case where the sentence could be suspended on the sole ground of sentence of 10 years having been undergone by the convict.“This Court, taking into consideration the nature of crime as per the reference made by different witnesses as also the disclosure made in the confessional statement, is of the view that the it is not a case where the sentence is to be suspended on the sole ground of sentence of 10 years having been undergone by the applicant,” the court said.Before concluding, the high court directed the member secretary of the Jharkhand State Legal Services Authority (JHALSA) to obtain a report from the concerned District Legal Services Authority regarding payment of victim compensation to the victim’s family.The report has been sought within four weeks, and the matter will be taken up again on April 17, 2026.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More © IE Online Media Services Pvt LtdTags:Jharkhand High Court