Legal Framework Under Section 389 CrPC
Section 389 of the Criminal Procedure Code specifically provides for suspension of sentence pending the appeal, not after its disposal. The provision states that “Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended”.
What Happens After Appeal Dismissal
Once an appellate court dismisses an appeal, the convicted person must surrender immediately to serve the sentence. As clearly established in legal precedent: “The moment the Sessions Court dismisses the appeal, it follows that the accused whose appeal has been dismissed has to surrender to serve out the sentence imposed upon him”.
Key legal principle: The court cannot give time to the accused to surrender after dismissing the appeal because “it indirectly tantamount to suspending the sentence or releasing the convicted accused on bail”.
Effect of Suspension During Pending Appeal
When a sentence is suspended pending appeal, “the effect of the order is that the sentence based on conviction is for the time being postponed, or kept in abeyance during the pendency of the appeal”. However, this power ceases to exist once the appeal is decided.
Limited Exception
The only exception mentioned in the legal framework is that “It is only the High Court which can pass appropriate orders in this regard” after a Sessions Court dismisses an appeal. However, this refers to the High Court’s inherent powers under specific circumstances, not the general power under Section 389, which becomes inapplicable once the appeal is disposed of.
Duration of Sentence Irrelevant
The duration of the sentence (whether three years or otherwise) does not affect this principle. The power to suspend sentence under Section 389 is tied to the pendency of the appeal, not the length of the sentence imposed.