Sukhchain v. State of Madhya Pradesh - CrPC/BNSS -How To Consider Sentence Suspension Plea Of A Convict Sentenced To Fixed Period Of Sentence?
How to consider Sentence Suspension plea of a convict sentenced to fixed period of sentence?
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How to consider Sentence Suspension plea of a convict sentenced to fixed period of sentence?
Code of Criminal Procedure 1973- Section 389 -There are two types of sentences that the Trial Court can impose depending on the nature of the offence. Some orders of sentence are for a fixed term, unlike the order of sentence of life imprisonment-When a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence should be considered by the Appellate Court liberally unless there are exceptional circumstances.
Case Info
Case Details
- Case name: Sukhchain v. The State of Madhya Pradesh.
- Neutral citation: Not provided in the order.
- Coram: Hon’ble Mr. Justice J.B. Pardiwala; Hon’ble Mr. Justice K.V. Viswanathan.
- Judgment/order date: 05 January 2026.
- Case numbers/context: Criminal Appeals arising from SLP (Crl.) Diary No. 69384/2025; linked to CRA No. 11856 of 2024 and CRA No. 11856 of 2023; I.A. No. 29573/2024 and I.A. No. 11573/2025 (High Court).
Caselaws and Citations
- Bhagwan Rama Shinde Gosai and Others v. State of Gujarat, (1999) 4 SCC 421 — principle that for fixed-term sentences, suspension pending appeal should be considered liberally unless exceptional circumstances exist.
Statutes/Laws Referred
- Indian Penal Code: Sections 489-A and 489-D (counterfeit currency offences).
- Appellate principles on suspension of sentence: Distinction between fixed-term sentences and life imprisonment in considering suspension pending appeal.