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BELA M. TRIVEDI, PRASANNA B. VARALE
Balram Dangi – Appellant
Versus
Veer Singh Dangi – Respondent
| Table of Content |
|---|
| 1. high court allowed suspension of sentence without reasons. (Para 2 , 4 , 5) |
| 2. mandatory requirement for recording reasons for bail. (Para 6 , 8) |
| 3. principles for suspension of sentences in serious offenses. (Para 7) |
| 4. impugned orders set aside, directions to hear appeals. (Para 10 , 11 , 12) |
JUDGMENT :
1. Leave granted in all the matters.
2. The present appeals arise out of the impugned order dated 24.05.2024 passed by the High Court of Madhya Pradesh at Gwalior Bench in Criminal Appeal No.10286 of 2023 and orders dated 10.04.2024 in Criminal Appeal Nos.10455 of 2023 & 10286 of 2023 respectively, whereby the High Court has allowed the applications of the respondents - accused seeking suspension of sentence imposed by the Trial Court for the offences under Sections 148 , 302/149 and 323/149 of IPC, pending the said Appeals.
3. Heard learned counsel for the parties.
4. It appears that all the three respondents accused were convicted for the offences punishable under Sections 148 , 302/149 and 323/149 of IPC and were directed by the Trial Court, i.e., Ist ASJ to the Court of IInd ASJ, Datia in S.T. No.103 of 2018, to undergo R.I. for life for the offence under Section 30
Suspension of sentence and release on bail – Parameters governing suspension of sentence post-conviction are qualitatively distinct from those applicable at stage of pre-trial bail – Such relief can ....
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
Suspension of conviction under Section 389(1) requires exceptional circumstances, focusing on the seriousness of the offense and implications for public interest.
Suspension of sentence – When a convicted person is sentenced to a fixed period of sentence and when he files appeal under any statutory right, suspension of sentence should be considered by Appellat....
The court found that mere presence at the scene of a crime without substantive involvement can justify suspension of sentence in appeal for serious offenses.
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