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S. G. MEHARE
Ikbal Chandulal Shaikh – Appellant
Versus
State of Maharashtra – Respondent
ORDER
The applicants are seeking suspension of sentence under Section 397 of the Code of Criminal Procedure (Cr.P.C. for short) passed by the learned Judicial Magistrate First Class and confirmed by the learned Additional Sessions Judge (subordinate Appellate Court, for short).
2. The subordinate appellate Court cancelled the bail bonds of the accused and directed them to surrender before the trial Court for the execution of the sentence. Admittedly, soon after the decision of the appeal, the present applicants were not sent to jail under a conviction warrant, nor did the applicant surrender.
3. The learned counsel Mr. S.S. Panale and Mr. K.N. Shermale for the applicants have vehemently argued that Section 397 of the Code of Criminal Procedure thus provides for suspension of sentence, and for suspension of sentence, the accused need not surrender. In other words, they have vehemently argued that for the suspension of the sentence before the High Court, surrender of the applicant is not sine qua non. The tone of their argument is once the Revision under Section 397, Cr.P.C. is preferred, the High Court shall suspend the sentence unless the High Court Rules prescribe the Procedur
A convicted individual must surrender before the court to maintain a revision under Sections 397 and 401 of the Criminal Procedure Code, as per the Allahabad High Court Rules.
The appellate court's power to suspend sentences under Section 389 Cr.P.C is limited to exceptional circumstances; failure to comply with procedural rules results in denial of suspension.
The court held that the discretion to suspend a sentence post-conviction must be exercised judiciously, considering the nature of the offence and the likelihood of appeal success.
The court established that an accused who has not been required to execute bail bonds during trial cannot be denied suspension of sentence solely on that basis, provided they are not in custody and m....
The serving of half of the sentence does not automatically entitle a convict to suspension of sentence.
(1) Suspension of sentence and release on bail – Accused is presumed to be innocent till he is held guilty by a court of competent jurisdiction – Once accused is held guilty, presumption of innocence....
The main legal point established in the judgment is the mandatory requirement for a convicted person to surrender after their conviction for a revision petition to be tenable, as per Rule 48 of the M....
A court should generally suspend a fixed-term sentence pending appeal unless exceptional circumstances indicate otherwise.
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