Back
BHASKAR RAJ PRADHAN
Pema Tshering Bhutia – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - This is an application under section 389(1) of the Code of Criminal Procedure, 1973 (Cr.P.C.) for suspension of sentence and grant of bail pending disposal of the appeal.
2. Ms. Zola Megi, learned counsel for the appellant submits that the order on sentence was passed on 31.08.2021 by which the appellant has been sentenced to one year each under section 354 and 506 of the INDIAN PENAL CODE , 1860 (IPC). Both the sentences have been directed to run concurrently. It is submitted that the appellant was arrested on 06.04.2021 as per the arrest memo and thus he has already undergone sentence of more than seven months as on date. As statutory appeal has been preferred against the impugned judgment dated 28.08.2021 and order on sentence which has now been admitted for hearing, the appellant may be granted bail.
3. Mr. S.K. Chettri, learned Additional Public Prosecutor submits that as the appellant has been convicted by the learned Trial Court, his sentence ought not to be suspended.
4. Section 389 of the Cr.P.C. provides that pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execut
The court states that post-conviction bail requires strong reasons and must consider the appeal's merits, emphasizing that a sentence should not run if it renders the appeal infructuous.
The court ruled that suspension of sentence is warranted where there appears to be a substantial possibility of success on appeal, necessitating reevaluation of trial findings and evidence.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
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 appellate court can entertain successive bail applications, and must consider suspension of sentence before granting bail.
The court has the discretion to suspend the sentence of a convict during the pendency of an appeal, especially when the appeal is not likely to be heard expeditiously.
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
