2017 Supreme(P&H) 2567

IN THE HIGH COURT OF PUNJAB AND HARYANA
JAISHREE THAKUR, J.
Bablu @ Pramod – Appellant
Vs.
State of Haryana – Respondent
CRM No. 18022 of 2017 in CRA-S No. 4077-SB of 2015
Decided On : 14-07-2017

The court has the discretion to suspend a sentence during the pendency of an appeal under Section 389 Cr.P.C. if the circumstances warrant such action.

Headnote:

Section 389 Cr.P.C. - Suspension of Sentence - The court suspended the remaining sentence of the applicant-appellant during the pendency of the appeal, considering that the applicant had already undergone a substantive portion of his sentence and the appeal was likely to take some time.

Fact of the Case:

The applicant-appellant filed an application under Section 389 Cr.P.C. seeking suspension of his sentence during the pendency of the appeal.

Finding of the Court:

The court found that the applicant had already served a substantive portion of his sentence and that the appeal was likely to take some time. As a result, the court decided to suspend the remaining sentence of the applicant during the appeal.

Issues: The main issue was whether the applicant's sentence should be suspended during the pendency of the appeal.

Ratio Decidendi: The court's decision was influenced by the fact that the applicant had already served a significant portion of his sentence and that the appeal process was expected to be lengthy.

Final Decision: The court suspended the remaining sentence of the applicant during the pendency of the appeal, subject to the applicant furnishing fresh bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Faridabad.