Balram Dangi vs Veer Singh Dangi - S. 389 CrPC - Suspension Of Sentence - Murder Case

Code of Criminal Procedure 1973 - Section 389; Indian Penal Code 1860 - Section 302 - The reason that the Appeals were not likely to be heard in near future also would not be a valid ground for suspending the sentence of the accused, who have been convicted for the serious offence under Section 302, IPC. It is only in rare and exceptional circumstances, the benefit of suspension of sentence should be granted by the Appellate Court to the accused convicted for the serious offence under section 302, IPC - Since these were cases of conviction under Section 302 IPC, the initial presumption available to the accused before conviction, would not be available to them - Referred to Omprakash Sahni Vs. Jai Shankar Chaudhary (2023) 6 SCC 123 [Context : Setting aside HC judgment suspending sentence of murder accused, SC observed: The High Court could not have suspended the sentence, re-appreciating the evidence at the stage of Section 389 and trying to pick up a few lacunae or loopholes here or there in the case of prosecution.]