Topic
Section 389 CrPC allows appellate courts to suspend the execution of a sentence while an appeal is pending, subject to conditions under Indian criminal procedure.
Providing accommodation or transport in a POCSO case attracts abetment under Section 17, HP HC held, refusing to suspend sentence absent strong acquittal chance noting that support in child sexual abuse cases is punishable as abetment limits bail relief.
The Rajasthan High Court suspended the sentence of a life convict who had already served over 10 years, 10 months, and 21 days, aligning with Supreme Court directives in Sonadhar and Saudan Singh. The ruling reinforces that prolonged incarceration without appeal disposal justifies bail, even in heinous offences, unless exceptional circumstances exist.
Rajasthan High Court suspends conviction in a sexual assault case, emphasizing that hostile witnesses and absence of forensic corroboration undermine prosecution credibility. The ruling underscores that prolonged incarceration without appeal hearing warrants interim relief under Section 389 BNSS, particularly when DNA/FSL reports fail to support allegations.
Madhya Pradesh High Court suspends life sentence of a convict in a murder case, ruling that a negative DNA report and incomplete circumstantial evidence warrant bail. The court emphasized the prosecution's failure to investigate alternative angles, including the biological father of the victim's child, undermining the conviction's reliability.
The Madhya Pradesh High Court suspended a seven-year sentence for a pregnant woman convicted under Section 304(1) IPC, granting four months of temporary bail because jail hospitals lack surgical infrastructure for childbirth and continuous care. This ruling reinforces that humanitarian grounds rooted in constitutional rights under Article 21 can override punitive timelines when state facilities fail to meet basic medical needs during pregnancy.
Rajasthan High Court suspends the sentence of a convict diagnosed with Guillain-Barré Syndrome, holding that a severe medical condition coupled with arguable grounds in appeal warrant bail pending disposal. The ruling underscores that humanitarian considerations and prima facie merit in appeal can override the presumption of guilt post-conviction.
Rajasthan High Court holds that suspension of sentence under Section 389 CrPC is justified where the appeal raises substantial arguable grounds, particularly in NDPS cases. The court emphasized prolonged pendency and prima facie sustainability of the appeal as key factors, setting a precedent for bail pending appeal in drug-related convictions.
Bombay HC ruled that delayed photo identification of a convict after five years in custody undermines evidentiary sanctity, creating reasonable doubt. The court granted bail pending appeal, emphasizing the fragility of eyewitness credibility in prolonged incarceration cases, setting a precedent for identification evidence reliability in criminal jurisprudence.
Madhya Pradesh High Court rules that conviction under the POCSO Act cannot rely solely on DNA evidence without corroboration, suspending a 20-year sentence pending appeal. The court imposed strict bail conditions, emphasizing the need for additional evidence to sustain convictions in sexual offence cases.
Rajasthan High Court rules that life convicts imprisoned for over 10 years are entitled to bail under Section 389 CrPC (430 BNSS), relying on Supreme Court directives in Sonadhar and Saudan Singh. The judgment underscores the right to speedy justice, mandating bail where appeals face prolonged delays, setting a precedent for undertrials in similar circumstances.
Madras High Court rules that denial of suspension of sentence under Section 389(3) CrPC cannot be justified merely on the grounds of pending cases against the convict. The court emphasized that statutory requirements must prevail over arbitrary denial, ensuring parity with co-accused granted similar relief.
Madras High Court ruled that the presence of a nursing child constitutes a valid humanitarian ground under Section 389 CrPC, allowing sentence suspension despite prior convictions. The judgment emphasizes that the welfare of the child and natural justice principles take precedence over procedural bars, setting a precedent for similar cases involving incarcerated mothers.
The Madhya Pradesh High Court grants bail pending appeal under Section 389 CrPC when prolonged delay renders the appeal futile, even without adjudicating merits.