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M. S. RAMESH, SUNDER MOHAN
R. Sekar – Appellant
Versus
State, Rep. by the Deputy Director, Directorate of Enforcement, Government of India, Ministry of Finance, Department of Revenue – Respondent
ORDER :
Sunder Mohan, J.
[PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of the Criminal Procedure Code, seeking to suspend the sentence imposed on the petitioners in C.C.No.24 of 2016 passed by the learned Designated Court under Prevention of Money Laundering Act, 2002 / In the Court of Principal Special Judge for CBI Cases / VIII Additional City Civil Court, Chennai, by a judgment dated 11.01.2024 and enlarge the petitioners on bail, pending disposal of the criminal appeal.]
Though we had granted suspension of sentence to the petitioners/appellants on 05.02.2024, we intended to examine the reason assigned by the trial Court for declining the prayer for suspension of sentence, though the petitioners/appellants were convicted and sentenced to imprisonment of three years.
2. The trial Court had dismissed the applications for suspension of sentence on the ground that since the petitioners were not released on bail during trial, they would not be entitled to bail under Section 389 (3) of Cr.P.C. The order of the trial Court in the application filed by A1/1st petitioner herein reads as follows :
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 procedural safeguards must be adhered to in criminal proceedings, particularly the right of the accused to seek bail and the necessity of their presence during judgment pro....
The main legal point established in the judgment is the discretion of the appellate court to suspend the sentence pending appeal, the conditions for such suspension, and the practical reasons for del....
The main legal point established in the judgment is that the appellate Court has the discretion to suspend the sentence of a person convicted under the NDPS Act pending appeal, subject to the conditi....
The serving of half of the sentence does not automatically entitle a convict to suspension of sentence.
A court should generally suspend a fixed-term sentence pending appeal unless exceptional circumstances indicate otherwise.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The main legal point established in the judgment is that the court must carefully consider the relevant aspects and record reasons in writing for ordering suspension of execution of the sentence. The....
The judgment established the principle that in cases involving the NDPS Act, the Court may consider suspending the sentence based on the quantity of the substance, the accused's conduct, and legal pr....
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