389 crpc

PAVAN KUMAR AKA (Querist) 23 February 2012 This query is : Resolved
On conviction in trial court, on filing petition of suspension of sentence, the convict approached the appellate court at sessions division, and IF THE APPELLATE COURT CONFIRMS/MODIFIES AND CONVICTS THE APPELLANT, MY QUESTION IS - WHETHER SUCH APPELLATE COURT CAN GRANT SUSPENSION OF SENTENCE OR NOT? ARE THERE ANY JUDGEMENTS IN FAVOUR/AGAINST OF THIS GRANTING OF SUSPENSION OF SENTENCE BY SUCH APPELLATE COURT

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Ghanshyam Prasad (Expert) 23 February 2012
No.no case is deemed to be pending before such appellate court.

Raj Kumar Makkad (Expert) 23 February 2012
Appellate Sessions court if dismisses the appeal or reduce the sentence etc. of the appellant/accused then it cannot suspend the sentence till the filing of the appeal before high court.

Shonee Kapoor (Expert) 24 February 2012
Agreed with Ld. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

M/s. Y-not legal services (Expert) 24 February 2012
dear makkad sir., can you explain the difference between section 389 of cr.p.c and 389[3] crpc?

389 cr.p.c only applicable at the time of filing appeal? its not maintainable after pronounce the judgement?

M/s. Y-not legal services (Expert) 24 February 2012
dont say that 389[3] is before trial court.. i knew that..

my question is if the sessions court confirmed the conviction mean the accused should be sent to prison immediately?

there is no option untill appeal before high court?

-tom-

Rajeev Kumar (Expert) 24 February 2012
Agree with tom

Deepak Nair (Expert) 24 February 2012
Tom, the accused have to take bail from the High Court.

The accused are not sent to jail unless certified copy of the order is received.

M/s. Y-not legal services (Expert) 24 February 2012
dear deepak., my question is till approach the high court?

-tom-

PAVAN KUMAR AKA (Querist) 24 February 2012
Thanks for giving suggestions for my question. But, my doubt is - though no appeal is not preferred immediately, the lower trial court is suspending the sentence U/s389(3) CrPC, on application that the convict prefer an appeal. As read in the said section, why it should not be applicable to the court of Sessions also. On filing suspension of sentence, why opportunity will not be granted to the appellate/convict to prefer 2nd appeal before the High Court. Is there any bar under the Code that the appellate court should not grant suspension of sentence on either confirming/modifying the sentence by convicting.

M/s. Y-not legal services (Expert) 24 February 2012
sec:389[3] applicable before the trial court while pronounce the judgement

sec:389 applicable before appeal courts..

-tom-

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