Grounds for suspension of sentence under Sec.389(1) of CRPC/Section 430(1) of BNSS Act.
Grounds for suspension of sentence under Sec.389(1) of CRPC/Section 430(1) of BNSS Act. Section 389 of the Code of Criminal Procedure (CrPC)/ Section 430(1) of BNSS Act allow, appellate court to suspend the execution of a sentence and grant bail to the accused during the pendency of an appeal. The following are the grounds for suspension of sentence under Section 389 CrPC, supported by relevant judgments: 1. Prima Facie Case in Favor of the Accused If the appellate court finds a prima facie case in favor of the accused or serious doubts arise regarding the correctness of the conviction, it may suspend the sentence. Case Law: Kashmira Singh v. State of Punjab (1977 AIR 2147) The Supreme Court held that in cases where there is a long delay in the hearing of an appeal, and there are arguable points in favor of the accused, the sentence can be suspended. 2. Delay in Disposal of Appeal A significant delay in the disposal of the appeal is a valid ground for suspension of ...