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SATYENDRA KUMAR SINGH
Ashok Kumar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - also heard on Ia No.1331/2022 which is first application for suspension of jail sentence filed on behalf of sole appellant ashok Kumar S/o Mahendra Kumar Vishnoi under Section 389(1) of the Code of Criminal Procedure, 1973. The appellant has been convicted and sentenced as under:
Conviction | Conviction | ||
Section & act | Imprisonment | Fine amount | Imprisonment in lieu of fine |
498-a of IPC | 01 Year RI | Rs.3000/- | 03 months additional RI |
1. Learned counsel for the appellant submits that Court below has wrongly convicted the appellant. The learned Court below has not properly appreciated the evidence. The disposal of appeal would take considerably long time. Hence, prays for suspension of jail sentence of appellant.
2. Per contra, learned counsel for the respondent/State has opposed the prayer and prays for its rejection.
3. after going through the impugned judgment and taking into consideration all the facts and circumstances of the case as well as other submissions of learned counsel for the appellant, without commenting upon the merits of the case, this application is allowed. It is directed that if the present appellant furnishes the personal bond of Rs.50,000/- (Rupee
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
The court may grant suspension of sentence subject to specified conditions, considering factors such as bail during trial and the arguable case.
The court established that under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process if justified by the circumstances of the case.
The court has the discretion to suspend the custodial part of a sentence under Section 389(1) of Cr.P.C, considering various factors including the appellant's conduct, likelihood of appeal hearing, a....
The court has the discretion to suspend a jail sentence under Section 389(1) of Cr.P.C based on the circumstances of the case, including the conduct of the appellant and the likelihood of the appeal ....
The court has the discretion to suspend the jail sentence of an appellant under Section 389 of Cr.P.C, subject to certain conditions.
The court has the discretion to suspend a jail sentence during the pendency of a criminal appeal under Section 389(1) of the Cr.P.C.
The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
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