Suspension of Sentence & its Consequences
Suspension of Sentence
The correct law as regard to suspension of sentence is the one rendered by the Apex Court in Bhagwan Rama Shinde Gosai vs State of Gujrat (1999) 4 SCC 421 where the Apex Court held that "when a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the appellant Court liberally unless there are exceptional circumstances"
In Kiran Kumar vs State of Madhya Pradesh, (2001) 9 SCC 211 where the appeal was filed against conviction under section 450, 376 and 506 of IPC and the appeal was pending, the apex court held that "sentence ought to be suspended during the pendency of appeal in absence of exceptional reasons for not doing so"
The accused who was on anticipatory bail before trial and during trial may have chances for suspension of sentence.