Suspension of sentence under Section 389 CrPC (Section 430 BNSS) is granted if the appeal presents a prima facie arguable case and prolonged pendency of the appeal, not attributable to the convict, justifies the release to prevent a travesty of justice.

Order

1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 06.04.2026 passed by the learned Additional Sessions Judge, Women Atrocities Cases, District Bhilwara in Sessions Case No. 82/2019 whereby he was convicted and sentenced to suffer 3 years’ R.I. along with a fine of Rs 50,000/- under Section 452 IPC.

2. Learned counsel for the appellant submits that the trial court failed to properly appreciate the legal and factual aspects, resulting in an erroneous finding of guilt. Being the first appellate court, this Court may reappraise the evidence. It is further submitted that the sentence of the appellant has already been suspended, and as the appeal will take time for disposal, the sentence deserves to be suspended.

3. Learned Public Prosecutor has opposed the prayer for suspension of sentence.

4. Heard learned counsel for the parties and perused the material available on record.

5. The distinction between grant of bail under Section 439 CrPC ( corresponding to Section 483 BNSS)and suspension of sentence under Section 389 CrPC ( corresponding to Section 430 BNSS)is well settled. While the former operates at the pre-conviction stage, the latter comes into play post-conviction and requires the appellate court to assess, prima facie, the sustainability of the conviction and sentence under challenge.

6. Upon conviction, the presumption of innocence stands displaced; however, while considering suspension of sentence, the appellate court is required to evaluate whether the grounds raised in appeal disclose a substantial and arguable case. If the material on record suggests that the findings of the trial court may be debatable, the discretion under Section 389 CrPC ( corresponding to Section 430 BNSS) can be justifiably invoked.Where the appeal raises issues which, on prima facie consideration, indicate a reasonable possibility of success, including reversal or modification of conviction, the sentence may be suspended pending adjudication.

7. This Court is guided by the enunciation of law by the Hon’ble Supreme Court in Muna Bisoi v. State of Odisha (February 16, 2026), wherein it has been held that prolonged pendency of criminal appeals, not attributable to the convict, constitutes a valid ground for suspension of sentence. Reliance has also been placed on Kashmira Singh v. State of Punjab (1977) 4 SCC 291, wherein the Supreme Court deprecated continued incarceration of convicts for long periods during pendency of appeals, observing that such practice would amount to a travesty of justice.

8. It is equally settled that while considering such application, the appellate court is not required to record conclusive findings on merits, as that would prejudice the final adjudication. A prima facie satisfaction regarding the arguability and substance of the grounds would suffice. The appellate jurisdiction being a continuation of trial, the entire evidence remains open to re- appreciation. The court may ultimately affirm, modify, or set aside the conviction, or alter the sentence, depending upon the outcome of such re-evaluation.

9. Additionally, even where conviction is sustained, the nature of offence or quantum of sentence may warrant reconsideration at the appellate stage, which further justifies a liberal approach in appropriate cases. This Court cannot lose sight of the fact that it is burdened with a large number of pending criminal appeals, and the likelihood of their early disposal remain