Suspension Of Sentence U/S 389 CrPC Need Not Be Considered In Heinous Cases Unless Appeal Remains Undecided For 5/6 Years

Case: Javid Ahmad Shah Vs UT of J&K

Coram: Justices Ali Mohammad Magrey and MD Akram Chowdhary

Case No.: CrlA(D) No. 22/2022

Court Observation: “There is a distinction between bail and suspension of sentence. One of the essential ingredients of Section 389 is the requirement for the appellant court to record reasons in writing for ordering suspension of execution of the sentence or order appealed. The requirement of recording reasons in writing clearly indicates that there has to be careful consideration of the relevant aspects and the order directing suspension of sentence and grant of bail should not be passed as a matter of routine”

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