Suspension of sentence

Querist : Anonymous (Querist) 07 November 2011 This query is : Resolved
Dear Experts

What does the "Court" appearing in sub-section (3) of Secction 389 CrPC means and will it include the court of Sessions dismissing the appeal of convicted accused.

Whether confirmation of sentence on appeal by Court of Sessions amount to grant of sentence as the Court of Sessions has the power to reduce or confirm the sentence and does not it mean granting the sentence a fresh setting aside the order of trial court and sub-section (3) of section 389 would include the Court of Session allowing suspension of sentence on confirmation of sentence.

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Guest (Expert) 07 November 2011
Sec 389 (3) of Cr.P.C. is used at the time of passing the judgement of conviction in a criminal trail. It can be used by any court of original jurisdiction where the conviction is within 3 years of imprisonment.It provide the time to file appeal without going into prison( basically a type of bail). Only to suspend the sentence and not conviction. The conviction can only the set aside or reversed or modified by appellate/revisional court. you query not under this purview.