How can a sentence be suspended pending appeal?
Under Section 423 of the BNSS, 2023, the appellate court may suspend the sentence and release the accused on bail pending appeal. The court considers the likelihood of success in appeal, the nature of the offence, and whether the accused is likely to abscond.
Legal Explanation
Suspension of sentence is discretionary. The appellate court examines whether the appeal has merit, the sentence severity, and whether the accused has been on bail during the trial. It is commonly sought in cases where the convicted person would suffer irreparable harm if the sentence is served during the appeal.
Procedure
- 1File the appeal within the limitation period.
- 2File a separate application for suspension of sentence and bail.
- 3Court considers the grounds of appeal and likelihood of success.
- 4If granted, furnish bail bonds and sureties.
- 5If refused, approach the higher appellate court.
Jurisdiction
Sessions Courts and Allahabad High Court for UP.
Important Limitations
Suspension is discretionary and depends on the merits of the appeal and conduct of the accused.
Legal References
- BNSS, 2023 — Section 423 — Suspension of sentence pending appeal
What This Covers
File the appeal within the limitation period.
File a separate application for suspension of sentence and bail.
Court considers the grounds of appeal and likelihood of success.
If granted, furnish bail bonds and sureties.
If refused, approach the higher appellate court.