Criminal lawyer: In appeal, suspension of sentence generally is to be allowed; SC.- 21:00
Supreme Court of India
Justice Dinesh Maheshwari
The suspension of sentence was an issue in the case titled as "N Ramamurthy versus State by CBI", the SC held that suspension of sentence is to be allowed in general / ordinarily, unless the appeal could be heard soon after filing. It was held that HC misdirected by adding 7 years of imprisonment on various counts awarded to the appellant accused to arrive at figure of 42 years of imprisonment, when sentence was only of seven years, as the sentence is concurrent unless otherwise directed by the court.
The order of the High Court was set aside and the matter was remanded back for fresh consideration. The HC erroneously considered principles of suspension of conviction while considering the suspension of sentence.
It is submitted that suspension of conviction and suspension of sentence, both are different, in case of suspension of sentence, serving of sentence by the appellant is only suspended till the decision in appeal. Whereas in suspension of conviction the conviction of the accused / appellant stands suspended till the decision in appeal. For satisfying the test of suspension of conviction there has to be a very strong case; where it is not so in suspension of sentence. As ordinary the sentence is to be suspended, unless the appeal could be heard soon after filing.