Sentence Suspension |

Sentence Suspension

A layperson is unable to distinguish between a request for bail and a request for sentence suspension. Bail requests are typically made by an accused person during the course of the investigation or trial. After the trial is over, the defendant is either found guilty or not guilty. In the event of a conviction, he would have the option of appealing. The defendant then has the option of requesting a suspension of their sentence. As a result, the bail in the appeals stage takes the shape of a sentence suspension.

Overview

The relief offered to the condemned individual in the form of a suspension of sentence serves to protect them from the burden of excessive delay and the high cost of suffering in prison while the appeal is ongoing for an extended period of time.

What does the law say about Sentence Suspension?

In accordance with Section 389 of the Criminal Procedure Code of 1973, convicted individuals may be released on bond while their appeal is pending. According to the legislation, if an appeal is pending, the appellate court has the authority to halt sentence execution and, if the criminal is being held in custody and is deemed fit, to release him. The High Court has also been granted this authority. Then, the defendant may be freed on bail or his own bond.
If the conditions listed below are satisfied, the Convict may request a suspension from the court that found him guilty. The sentence may then be suspended by the court in order for the defendant to file an appeal and secure the necessary order of sentence suspension from the appellate court.
If the conviction was for a crime that was subject to bail and the convict was out on bail throughout the trial
The sentence of imprisonment is less than three (three) years.

The approach taken by the Indian court when deciding on a request for a sentence suspension

The plea for suspension of sentence is a crucial component of the appeal against conviction, the courts have emphasized time and time again. When ruling on a request for suspension of sentence, the court is not compelled to consider the case's merits.
If a request for suspension of sentence is approved, the conviction and all of its repercussions—with the exception of imprisonment—remain in effect. As a result, the disqualification imposed as a result of the conviction is still in effect. No legal provision exists for the suspension of the conviction while the appeal is pending.
According to Section 482 of the Criminal Procedure Code, the High Court has the authority to revoke the sentence suspension order and order the convict's re-arrest.
The Appellate Court cannot suspend the sentence imposed just because an appeal has been requested. It has been noted that the Courts use this authority in unusual circumstances.
Before making a decision regarding an application for suspension of sentence, the Court considers all factors, including the effects of releasing the convicted person on society.
While taking into account the gravity and importance of the offense, the convict's subsequent attitude toward the case, the degree of participation in the offense, etc., the courts are supposed to strike a judicial balance between the harshness and leniency of the punishment issued.

When and why should I ask for a sentence suspension?

The accused may submit a sentence suspension request after a conviction if the appellate court does not uphold the appeal. The Criminal Procedure Code's Section 389 allows for the suspension of a sentence while an appeal is being processed. The legislature, in its wisdom, created this section on the grounds that it would be unfair to hold the accused in custody for a lengthy period of time if the appeal were to take a long time to conclude because doing so would make the accused's appeal ineffective.

Who & where can use the Sentence Suspension?

Under the authority of Section 389, CrPC, an appellate court, such as the Court of Sessions, the High Court, or the Hon'ble Supreme Court, may grant a suspension of sentence. As long as the Appellate Court does not make a decision regarding the appeal, any accused individual may submit an application.

Can a sentence be suspended unconditionally or subject to conditions?

In a court order, the suspension of sentence may be conditional or unconditional and is typically granted in the order. Courts impose restrictions when they think the accused will abuse the relief they have been granted or for any other cause related to public order, peace, and serenity. The necessary conditions mentioned in the judicial order typically serve a number of purposes in support of this clause. For instance, an accused person's regular attendance at a police station will restrict his presence to the jurisdiction/city designated in the judicial order.

A sentence that is merely suspended without any conditions is referred to as being "unconditionally suspended." Such orders are made by the courts when there are no apparent dangers of any kind.

Does a Suspension of Sentence preclude the retention of a Criminal Record?

Even if the sentence is suspended, the criminal history of the accused will be made public. The sentence suspension essentially works like a post-conviction bail provision and is unaffected by a person's criminal history. The accused may request the quashing of the FIR or criminal proceedings whenever there is a chance to clear their records.

Bail and Suspension of Sentence

In criminal law jurisprudence, the terms "bail" and "suspension of the sentence" are not interchangeable. A defendant who asks for bail is regarded as being under trial and is subject to Criminal Procedure Code (CrPC) Sections 437 for Regular Bail, 438 for Anticipatory Bail, or 439 for Special Powers of Sessions Court and High Court.
A convicted person who is subject to Section 389 of the Criminal Procedure Code is the accused who requests a suspension of their sentence. The appellate court must record the justifications for sentence suspension in writing, and the convict's appeal against his trial court conviction must still be continuing. It is only of minor significance that the accused was granted bail during the course of the trial and that he remained blameless while out on bail.

Probation and Sentence Suspension

Those who have had their sentences suspended are now on probation and are required to follow the rules or risk going to jail. Probation typically lasts one to five years; the judge chooses the duration based on state laws/amendments and the nature of the criminal charges. The length of probation may also be influenced by how serious the charges against the offender are. Examples of the terms and length of probation imposed on the accused include the following-
Delivering a report to the probation officer;
Performing community work;
Receiving drug and alcohol addiction counselling;
Undergoing random drug testing;
Being required to look for and establish a job;
Penalties and compensation;
Residing at a particular residence or address;
Regularly paying probation fines, court expenses, penalties, or reparations; and
Refraining from committing any offences in the future.

How to apply for a Sentence Suspension

We are available to provide the best legal assistance and to answer any of your questions.
Inform us of the case's specifics.
You will have a Case Manager assigned to you who will give you the best legal counsel and serve as your point of contact throughout the proceedings.
We'll help you identify the most qualified advocate available in your area.
You will be kept informed of the status of the case at every level of the proceedings until they are over.
To ensure that you have no issues, we will monitor the lawyer who has been assigned to you.

Our Blog

Overview
What does the law say about Sentence Suspension?
The approach taken by the Indian court when deciding on a request for a sentence suspension
When and why should I ask for a sentence suspension?
Who & where can use the Sentence Suspension?
Can a sentence be suspended unconditionally or subject to conditions?
Does a Suspension of Sentence preclude the retention of a Criminal Record?
Bail and Suspension of Sentence
Probation and Sentence Suspension
How to apply for a Sentence Suspension
Blog