Suspension of Sentence is a statutory remedy within the scope of Section 389, CrPC where the sentence of an accused is suspended by a judicial authority exercising discretion while the appeal is not heard, and finally decided. The broader parameters and the principles have been laid down by the Hon’ble Apex Court & various High Courts, and the courts shall exercise the judicial discretion within this ambit of broader parameters and the principles.
Section 389 in the simpler terms and language stipulates that the suspension of sentence may be allowed while an appeal is pending and the accused can be released on bail:
(1) The appellate court can suspend the sentence of an accused while the appeal is pending and the reasons for suspension have to be recorded in writing. It can also order the release of the accused if he is confined to the custody on bail by filing his personal bail bond;
(2) The authority conferred on an Appellate Court by this section can also be exercised by the High Court in the case of an appeal.
(3) Where a convict satisfies the Court of his intention to file an appeal against the judgment where he is convicted, the Court shall:
(i) While on bail, where such person is sentenced to imprisonment less than 3 years, or
(ii) When the offence under which a convict has been sentenced is bailable one and while on bail, his sentence shall be deemed to be suspended unless there are special reasons for refusing bail.
(4) If the appellant is finally sentenced to a period of imprisonment or to life imprisonment, the time he is released shall be deducted from the term for which he is convicted.