M. M. SUNDRESH, ARAVIND KUMAR
Anup – Appellant
Versus
State of Maharashtra – Respondent
ORDER
1. Leave granted.
2. The appellant has been imposed a sentence of five years by the trial Court, out of which he has already undergone 7 months. Learned senior counsel appearing for the appellant submitted that the appellant has shown his bonafide by depositing a sum of Rs. 9,10,000/-. He has also undergone a period of 7 months of incarceration, and the appeal before the High Court is of the year 2024.
3. Taking into consideration the aforesaid facts, we are inclined to set aside the impugned order and suspend the sentence of the appellant till the disposal of the criminal appeal by the High Court.
4. Accordingly, the impugned order stands set aside and the appellant’s sentence stands suspended, subject to the terms and conditions that may be imposed by the Trial Court as it deems fit for the aforesaid purpose.
5. The appeal is allowed accordingly.
6. Pending application(s), if any, shall stand disposed of.
The court may suspend a sentence pending appeal based on the appellant's conduct and circumstances surrounding the case.
The court may suspend a sentence pending appeal if the appellant has served a significant portion of the sentence and other co-accused have been granted suspension.
The court determines that bail should be granted pending appeal where there is a considerable delay in proceedings and the sentenced term is not life imprisonment.
The court has the discretion to suspend both the sentence and conviction of an appellant based on the facts and circumstances of the case.
The court suspended the appellant's sentence and granted bail due to the lengthy delay in appeal proceedings and the time already served.
The High Court's denial of suspension of sentence was unjustified given the appellant's lengthy imprisonment and the need for timely appeal consideration.
The right to bail may be granted when an appellant has served a substantial time in custody and exhibits lesser culpability than co-accused already released.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.