1. SUSPENSION OF SENTENCE – EXTENSION OF TIME:
Question: Accused got convicted in the Judicial Magistrate Court – sentenced for 1 year and fine of rs.1000 rupees for section 324 IPC (since S.324 is for punishment for extend to 3 years, or with fine, or with both) – paid fine – sentence suspended upto 30 days under section 389 (3) Cr.P.C – preferred appeal late and pending before the Sessions Court – sentence not suspended – nearing the deadline directed by the J.M – Appellant/Accused filed application for extension of time – [Legal Position to be discussed].
Answer: SUSPENSION OF SENTENCE – EXTENSION OF TIME: As per section 389(3) Cr.P.C sufficient time to present appeal and obtain orders of the Appellate court must be given to the accused while suspending the sentence. Further, Madras High Court has held that section 389(3) Cr.P.C also says that sufficient time not only to present the appeal but also to obtain the orders of the court [Samuvel and Others vs. Inspector of Police – 2013(1) CLT (Cri) 745 (Mad)].The learned Magistrate lacks jurisdiction to grant suspension beyond 30 days from the date of imposition of sentence[P.Ramakrishnan vs. Rani Rambai – 2012(1) MWN(Cri) (DCC) 97]
URL:
