Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal: SC
“Sentence can be suspended in appeal only if the convict has fair chances of acquittal.”
This principle governs the suspension of sentence under Section 389 of the Criminal Procedure Code (CrPC).
⚖️ Legal Background: Section 389 CrPC
Section 389 of the CrPC provides that:
“Pending appeal by a convicted person, the appellate court may, for reasons to be recorded in writing, order that the execution of the sentence or order appealed against be suspended…”
This provision empowers the appellate court (usually High Court or Supreme Court) to suspend the sentence (including imprisonment) after conviction, while the appeal is pending.
However, this does not create an automatic right for suspension. The court must exercise discretion judiciously, based on the merits of each case.
🔍 Supreme Court’s View: Key Principle
The Supreme Court has clarified that suspension of sentence after conviction is not a matter of routine. It should be allowed only when the appellate court is satisfied that:
The appeal raises substantial questions of law or fact.
There exists a reasonable or fair chance of acquittal.
The conviction may not ultimately sustain.
Continued incarceration would cause irreversible injustice if the appeal succeeds later.
Hence, courts must carefully examine the prima facie merits of the appeal before suspending the sentence.
🧑⚖️ Relevant Supreme Court Case Laws
1. State of Maharashtra v. Madhukar Wamanrao Smarth (2008)
The Supreme Court held that the appellate court must consider the seriousness of the offence, the reasoning in the judgment, and possibility of acquittal.
Mere filing of appeal does not entitle the convict to suspension of sentence.
2. State of Haryana v. Hasmat (2004)
The Court ruled that suspension of sentence is not automatic and should be granted only when there is a strong prima facie case for acquittal.
The court emphasized the need for a detailed analysis of the judgment under appeal.
3. Kamal Nath v. State of Himachal Pradesh (2020)
In a corruption conviction, the SC denied suspension of sentence, holding that gravity of the offence and low probability of acquittal are key factors against suspension.
4. Angana & Ors v. State of Rajasthan (2023)
The Supreme Court reiterated that the test is not whether the appeal is pending, but whether the appellant has fair chances of acquittal.
A reasoned order must be passed showing that the appellate court has applied its mind to the evidence and findings of the trial court.
✅ Key Factors Courts Consider Before Suspending Sentence:
| Factor | Explanation |
|---|---|
| Nature and gravity of offence | Heinous crimes reduce chances of suspension. |
| Length of sentence | Short sentences may be suspended more readily. |
| Grounds in appeal | Strong grounds suggesting miscarriage of justice increase chances. |
| Likelihood of acquittal | If appeal may likely succeed, suspension is considered. |
| Past conduct and antecedents | Convict's history is considered for misuse of liberty. |
| Delay in hearing appeal | Long delays may weigh in favor of suspension. |
❌ What is Not Enough for Suspension
Mere filing of appeal.
Claim of innocence without support.
Delay in appeal hearing without showing prejudice.
Emotional or humanitarian grounds without legal merit.
🧾 Summary Table
| Legal Principle | Explanation |
|---|---|
| Suspension not automatic | Requires judicial satisfaction under Section 389 CrPC |
| Fair chance of acquittal | Crucial condition before granting suspension |
| Must record reasons | Courts must justify the suspension order |
| SC Precedents | Hasmat (2004), Madhukar (2008), Kamal Nath (2020), Angana (2023) |
🧩 Conclusion
The Supreme Court has clearly laid down that sentence can only be suspended in appeal if the convict demonstrates a fair chance of acquittal. This ensures that justice is not defeated by premature release, while also protecting the rights of convicts in genuine cases.
Suspension of sentence is a judicial discretion, not a statutory right, and must be exercised only after careful scrutiny of the conviction and the appeal’s merits.
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