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Regarding suspension of jail sentence


09-Mar-2023 (In Criminal Law)
Sir, gwalior high court give withdraw regarding suspension but put one condition that is-- "However,nliberty is granted to revive the prayer after undergoing half of the jail sentence." Is there solution of this problem.. Any supreme court order against this type of bail
Answers (2)

Answer #1
907 votes
Sentence cannot be suspended just because the accussed has completed half of the sentence ,other factors such as nature of accusation, gravity of offence ,manner in which crime has been committed are also to be considered . But Supreme Court has also no where laid down that after completion of half sentence ,the accussed sentence can be suspended . However factors and conditions should change after rejection of first bail application in favour of accussed . However sentence can be suspended on the grounds of Article 21 right to life and liberty if the offence is not grave in nature. U can contact me for any help.
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Answer #2
664 votes
In order to challenge the out come of 389 Cr.P.C. in supreme court you will be required obtain an order on your suspension of sentence and bail application on merit and then it can be always challenged.
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