Kishan Dutt
How to file Suspension of Sentence and Conviction
Kishan Dutt Kalaskar 25 Jul 2025

How to file Suspension of Sentence and Conviction

⁠How to file Suspension of Sentence and Conviction – By Kishan Dutt Kalaskar, Advocate

Introduction: - The suspension of sentence and conviction is a crucial legal remedy available in respect of convicts while their appeal is pending. It ensures that everyone receives fair and no biased treatment, individual does not suffer undue hardship due to prolonged imprisonment, especially duringthose period if the possibility of acquittal upon appeal is in existence. Throughthis blog we will be exploring the legal framework, grounds, procedural aspects, and relevant case laws governing the suspension of sentence and conviction in India.

Background: - The context of the suspension of sentence has come into existence upon the principles of justice and fairness, which allows a convicted person to seek temporary relief from serving their sentence while the final decision of an appellate court in pending. The Indian legal system provides mechanisms under the Code of Criminal Procedureand constitutional provisions also facilitates such relief.

Grounds:- This is applicable -

1. Pending Appeal.

2. Medical or Humanitarian.

3. Probation Considerations.

4. Presidential or Governor’s leniency Powers.

5. Exceptional Circumstances.

Suspension of conviction is a rare remedy granted in exceptional circumstances where the conviction itself related to irreversible consequences, such as discharge from public office or employment etc.

Provision:-The relatable provisions are-

1. The CrPC, 1973 (BNSS, 2023).

2. Probation of Offenders Act, 1958.

3. Constitutional Provisions etc.

Procedure: -

1.     Filing an Appeal.

2.     Application for Suspension.

3.     Supporting Documents.

4.     Court Hearing.

5.     Grant of Bail if applicable.

Case Laws: -

1.     K.C. Sareen v. CBI (2001)6 SCC 584 – In this case the honourable Supreme Court ruled that corruption cases should not easily be qualify for sentence suspension.

2.     Atul Tripathi v. State of U.P. (2014) – In this case the court has addressed that the merits of the appeal must be considered before granting suspension.

3.     State of Maharashtra v. Madhukar Narayan Mardikar (1991) – In this case the court has clarified the fact that the suspension of sentence is depending on the judicial discretion.

FAQs: -

1.     What is the difference between suspension of sentence and suspension of conviction?

A: - Suspension of sentence has the power to halts the execution of punishment temporarily, while suspension of conviction prevents the legal consequences of conviction, for better guidance it is convenient to seek legal assistance through Senior Advocate.

 

2.     Can a convicted person apply for suspension of sentence without filing an appeal?

A: - No, an appeal must be filed before seeking suspension of sentence, it is better option to take tailored advice through Senior Advocate.

 

3.     Does suspension of conviction mean acquittal?

A: - No, it only prevents the consequences of conviction, it is preferable to get a proper guidance from expert Senior Advocate.

 

4.     Can suspension of sentence be granted for all types of offenses?

A: - No, it solely depends on the discretion of the court who will be judging the severity and nature of the offense, an expert Senior Advocate can guide you through the process.

 

5.     Is suspension of sentence the same as bail?

A: - No, but courts may grant bail along with suspension of sentence.

 

6.     Can a person continue their job after suspension of conviction?

A: - Yes, suspension of conviction prevents disqualification from employment, for better outcome must have an expert Senior Advocate as a support.

 

7.     How long does it take for the court to decide on suspension of sentence?

A: - It depends on the gravity of the case, preferable to get an eligible support from Senior Advocate for valid outcome.

 

8.     Can suspension of sentence be revoked?

A: - Yes, courts can revoke suspension if new evidence emerges.

 

9.     Does suspension of sentence apply to life imprisonment cases?

A: - Yes, but courts exercise caution in respect of serious matter, better to get expert advice from Senior Advocate.

 

10.                        What is the need for appointing an advocate during this situation?

A: appointing an advocate is a crucial part to be able to navigate in a proper direction and also to ensure the legal procedure, legal paperwork, for representation, to be able to get help during complex situation and also for physiological support for the victim and their family members.

 

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