Suspension Of Sentence From High Court Chandigarh
Suspension Of Sentence From High Court Chandigarh: Suspension Of Sentence is given in Chapter 32 of Criminal Procedure Code, 1973. The law for is provided under Section 389 of the Code of Criminal Procedure, 1973. It means cancellation of imposition of the sentence after plea of guilty or conviction for a period which is determinate and reasonable. It postpones the judgment or order of the court temporarily or indefinitely. The difference between reprieve and suspension of sentence is the reprieve postpones a sentence to a certain date but a suspension of sentence postpones it to an indefinite time.
- In case of any pending in the appeal by a convicted person, the appellate court can for reasons recorded in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, he can be released on bail, or on his own bond.
Provided that the Appellant Court shall before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the public prosecutor for showing cause in writing against such release:
Postponing The Sentence Without Changing Duration
Provided further that in cases where a convicted person is released on bail, it shall be open to the Public Prosecutor to file an application for the cancellation of the bail. Suspension Of Sentence From High Court Chandigarh
- The power conferred by Section 389 of the Code on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.
- Where the convicted person satisfies the Court by whom he is convicted that he intends to present an appeal, the Court shall: where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
- When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
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Section 432 empowers the Government to remit or suspend a sentence. When a person is sentence for any punishment then the Government can at any time along with or without any conditions can suspend or remit sentence in whole or part of it. Suspension Of Sentence From High Court Chandigarh
- The appropriate Government at any time, when any person is sentenced to imprisonment for an offence, without any conditions or upon some condition which the sentenced person accepts then it can suspend or remit the whole or any part of the sentence.
- If any convicted person sends an application to the appropriate Government for suspending or remitting the sentence then the Government may require the opinion of the Presiding officer to grant or refuse the application with the record of the trial.
- If any of conditions given to the convict has been accepted but not fulfilled then the appropriate Government can cancel the suspension or remission of the sentence and the offender may be arrested by the police without warrant and remanded for the period of term of imprisonment which is unexpired.
- The conditions on which the sentence has been suspended or remitted can be fulfilled by the convict or on his independent will. Suspension Of Sentence From High Court Chandigarh
- The appropriate Government shall give directions for the suspension of sentences and conditions on which petition should be presented.
Provided: In case a sentence is passed on a male person above 18 years, the petition shall be made by the:
- person sentenced and it is presented to the officer in charge of the jail
- any other person and has declaration of the person sentenced.
Appropriate government means: Suspension Of Sentence From High Court Chandigarh
It can be Central or State Government, it depends on the case.
In case a sentence is suspended before execution; it means that the Judge has decided not to take up the sentence and has restrained it from execution. If defendant or the offender violates any of the conditions then the Judge may either impose or execute the sentence.
Bail and suspension of sentence are not the same:
These two are different. Suspension of sentence means conviction postponed or kept in abeyance during pendency of appeal. The suspension of the execution of the sentence is to be ordered only in exceptional circumstances, only if a special cause exists and not every time where the appellant is released on bail. The word ‘execution’ related to both sentence and the order appealed against it. Before ordering the suspension of sentence an appeal must be filed.
In the case of Navjot Singh Siddhu v. State of Punjab; Appeal (crl.) 59 of 2007, it was held that in case of a request for suspension of conviction the appellant has to draw specific attention of Court to consequences that follow his conviction. The Court has to exercise this power under Section 389(1) in rare cases depending on special facts of the case. Suspension Of Sentence From High Court Chandigarh
In this case the appellant was a sitting Member of Parliament. He was convicted for an offence committed much prior to his entry into politics. He resigned from membership of Parliament immediately after pronouncement of sentence of conviction and did not take benefit of clinging on to his office by merely filing appeal.He was also desirous of getting fresh mandate from people. It was held that the evidence touching upon culpability of appellant prima facie appeared to be in his favour. The appellant by resigning from membership of Parliament has chosen a moral path and has set high standard in public life. Therefore, his conviction was liable to be suspended as injury that he would suffer if conviction is not suspended would be irreparable. The High Court of Punjab and Haryana suspended the conviction pending appeal. No special reasons assigned by High Court while passing order. There was possible delay in disposal of appeal and existence of arguable points. It was not by itself sufficient to grant suspension. High Court while passing the said order only noticed some points which could be raised in appeal. The High Court has inherent power to modify its own interlocutory order when matter is yet to be finally disposed of Section 362 is only operative in a situation where a final order has been passed. The Cr.PC. confers inherent powers in the High Court unlike the lower Courts. The Supreme Court in this case is of the opinion that the High Court was not correct in its view and thus allowed the appeal.
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