Back
FARJAND ALI
Baldev Singh – Appellant
Versus
Meva Singh – Respondent
| Table of Content |
|---|
| 1. the background of the conviction and sentence. (Para 1) |
| 2. petitioner's contentions regarding trial and appeal. (Para 2) |
| 3. court's considerations for granting suspension of sentence. (Para 3 , 4) |
| 4. grant of suspension of sentence with conditions. (Para 5) |
ORDER :
Farjand Ali, J.
The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 12.08.2016 passed by the learned Additional Chief Judicial Magistrate, Padampur, District Sri Ganganagar in Criminal Case No.489/2011, whereby he was convicted and sentenced to suffer imprisonment of one years for the offence under section 138 of the NI Act with a fine of Rs.3,15,000/- and the judgment dated 16.02.2023 passed by the learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar dismissing the appeal preferred against the aforesaid judgment.
2. Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence brought on record, therefore, the material would be required to be appreciated again. The petitioner willing to pay an amount of Rs.57,0
The court has the discretion to suspend the sentence under Section 397(1) Cr.P.C. based on the totality of facts and circumstances of the case.
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
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 is no imminent hearing date for the revision, subject to specific bail conditions.
The court may suspend a substantive sentence if there are no immediate prospects for hearing a 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
