Suspension of sentence is the suspension of imposition of sentence after conviction or plea of guilty for determinate and reasonable period. It is the postponement of the judgment of the court temporarily or indefinitely. In a suspension of sentence, the conviction and the disabilities arising there from remains and it become operative when judgment is rendered.
When the sentence is less than three year , then the applicant can move the application for suspension of sentence before the same court who convicted the person and when the sentence were more than three year, in that case person can approached the higher court for suspension of sentence. Basically suspension of sentence is depending on the nature of offence and background of the offender. Now here we discussed about power of courts regarding the suspension of sentence -:
Power of Judicial Magistrate – Judicial Magistrate has power to suspend the sentence to the extent that period of one month for giving the appropriate time to the accused to file an appeal before the appellant court against the order.
Power of Session court – Session court has also power to suspend the sentence to the extent that period of one month for giving the appropriate time to the accused to file an appeal before the appellant court the order.
Power of high court – High court has a vest power of suspension of sentence as compare to the lower courts. In generally high courts not heard the fresh appeal at same time and admit the appeal. But high court give the chance to the appellant for pressing his application of suspension and if high court found merit in the application for suspension then grant the bail to the accused till the pendency of his appeal.
Difference between suspension of sentence and regular bail –
Suspension of sentence is different from the regular bail. Regular bail is always granting during the pendency of the trail which facing by the accused person and suspension of sentence is granting after the judgment of conviction and suspension of sentence is depend of the length of sentence, period of conviction in which person remain behind the bar and nature of offence.
The views & opinions expressed herein are done with a view to make law more understandable to the layman, law students & the junior members of the bar. This should not be construed as legal advise or opinion. As per the rules of the Bar Council of India, we are not permitted to solicit work and advertise.
The user acknowledges the following: * there has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website.
We're not around right now. But you can send us an email and we'll get back to you, asap.