Back
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Nikhil Mandal – Appellant
Versus
Union of India – Respondent
JUDGMENT (oral)
W.P.(C) 7395/2023
1. The present Writ Petition has been filed by the petitioner seeking the following reliefs :
"(i) Issue a writ in the nature of mandamus or any other appropriate writ, direction, order or declaration, directing the Respondents herein to either confirm the finding and sentence dated 19.10.2022 (Annexure No. 4) or reject it, however in any case, take a call on the same and thereby affording the Petitioner right to take further appropriate legal remedy in law.
(ii) Issue a writ in the nature of mandamus or any other appropriate writ, direction, order or declaration, suspending the finding and sentence dated 19.10.2022 (Annexure No. 4) and release the Petitioner on bail until the concerned authority takes a call on validity of the same; and/ or,
(iii) Issue a writ in the nature of mandamus or any other appropriate writ, direction, order or declaration, directing that the Petitioner be released on bail until the finding and sentence dated 19.10.2022 is being confirmed by the concerned authority and due time is provided to the Petitioner to appeal the same; and/ or,
(iv) Pass such other and further order(s) or direction(s) as this Hon'ble Court may deem fit
Timely decision on pre-confirmation petition and liberty to seek suspension of sentence if punishment is confirmed
The court has the authority to direct the respondent to decide on petitions for suspension of sentence within specified timelines, especially when rigorous imprisonment is involved.
The court directed timely adjudication of a statutory petition under the Border Security Force Act, ensuring procedural compliance without addressing the merits.
The court has the authority to direct the Competent Authority to expedite the disposal of petitions and consider requests for suspension of sentence in accordance with the law.
The court emphasized the importance of timely adjudication of statutory petitions and the provision of relevant documents to ensure procedural fairness in administrative processes.
Prompt decision on application for suspension of sentence and provision of trial proceedings to the petitioner.
The court may suspend a substantive sentence pending appeal if the accused was on bail during trial, subject to conditions.
The court may suspend a substantive sentence if there are no immediate prospects for hearing a revision, subject to specific bail conditions.
The court may suspend a substantive sentence if there is no imminent hearing date for the revision, subject to specific bail conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
