#sentence – Suspension of – When a convicted person is sentenced to a fixed period of sentence and the appellate court finds that due to practical reasons the appeal cannot be disposed of expeditiously, it can pass appropriate orders for suspension of sentence. The suspension of the sentence by the appellate court has, however, to be within the parameters of the law prescribed by the legislature or spelt out by the courts by judicial pronouncements. The exercise of judicial discretion on well-recognised principles is the safest possible safeguard for the accused which is at the very core of criminal law administered in India. The legislature cannot, therefore, make law to deprive the courts of their legitimate jurisdiction conferred under the procedure established by law.
Bhagwan Rama Shinde Gosai v. State of Gujarat AIR 1999 SC 1859
Sentence – Suspension – The #bail can be granted and sentence suspended in a case where there are reasonable grounds for believing that the accused is not guilty of the offence for which he is convicted and he is not likely to commit any offence while on bail and during period of suspension of the sentence.
read HERE 1999 PLRonline 0001
