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MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Hanuman Sah @ Dipu Sah – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. –
I.A. No. 01 of 2025:
The present interlocutory application has been filed by the appellant No.2, namely Krishna Prasad, for suspension of his sentence and grant of bail during the pendency of the present appeal.
2. Heard Sri Sanjeet Kumar, learned counsel for the appellant, Sri Vikash Kumar Pankaj, learned counsel appearing for the informant and the learned Additional Public Prosecutor for the State Sri Bipin Kumar.
3. The aforesaid appeal has been preferred under Section 415 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, against the judgment of conviction and the order of sentence dated 02.04.2025 and 07.04.2025 respectively, passed by the learned District and Additional Sessions Judge-V, East Champaran at Motihari in Sessions Trial No. 576 of 2023, arising out of Raxaul P.S. Case No. 152 of 2021, whereby and whereunder the appellants have been convicted under Section 302/34, 328/34, 420/34 and 406/34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and they have been sentenced to undergo rigorous imprisonment for life under Section 302/34 of the IPC with fine of Rs.20,000/- and in default of the payment of same, they have been further direct
Suspending a sentence for a serious offence like murder requires a rare demonstration of exceptional circumstances, without re-evaluating evidence during bail applications.
In criminal appeals involving serious offences, suspension of sentence requires a prima facie assessment of trial evidence without reappraisal, and must be justified by potential for acquittal.
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 requires careful evaluation of the case's evidential gaps, especially in serious offenses like murder.
Suspension of sentence pending appeal in serious offences requires careful consideration of evidence and potential for acquittal, particularly in light of questionable witness reliability and inconsi....
The court reaffirmed that the discretionary power to suspend a sentence under Section 389 of the Cr.P.C. requires a prima facie case and consideration of the gravity of the offense.
Suspension of sentence is only granted in exceptional circumstances, particularly when the conviction may not be sustainable, which was not established in this case.
(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....
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