Chhotelal Yadav v. State of Jharkhand - CrPC/BNSS- Suspension Of Sentence - IPC/BNS - Unlawful Assembly

Code of Criminal Procedure 1973 - Section 389 :: Bharatiya Nagarik Suraksha Sanhita, 2023 -Section 430- Ordinarily, if the sentence is for a fixed term, the court may exercise its discretion leniently in suspending such sentence of fixed term, pending the final disposal of the Criminal Appeal of the convict. Even in cases where the sentence is for a fixed term, there is a caveat that if there are exceptional circumstances, then the Court may decline to suspend the sentence. What could be those exceptional circumstances is not something exhaustive. It is for the Court concerned to look into those exceptional circumstances as may be pointed out by the State. However, the only consideration that should weigh with the appellate court while considering the plea for suspension of sentence of life imprisonment is that the convict should be in a position to point out something very palpable or a very gross error in the judgment of the Trial Court on the basis of which he is able to make good his case that on this ground alone, his appeal deserves to be allowed and he be acquitted. (Para 14-16)

Indian Penal Code 1860 - Section 149 : Bharatiya Nyaya Sanhita 2023- Section 190 - When Section 149 IPC is made applicable, the Court should be mindful that all that is required to be looked into is whether the accused was one of the members of the unlawful assembly or not. Even if a particular accused has not participated in the actual assault, he could still be held guilty. (Para 21)