only in exceptional cases that the benefit of suspension of sentence can be granted

A. Penal Code, 1860 (IPC) – Sections 302, 120-B, 506 read with 34 – Arms Act, 1959 – Section 27 - Conviction and sentence – Acquittal - The question is whether a convict has a fair chance of being acquitted based on palpable evidence - If the answer is yes, the convict should not be kept in custody for a long time until the appeal is decided - The appellate court should not try to find gaps in the prosecution's case during the Section 389 CrPC stage, but rather focus on whether the evidence suggests the conviction may not be sustainable

B. Penal Code, 1860 (IPC) – Sections 302 – Murder - In cases involving conviction under Section 302 of the IPC, it is only in exceptional cases that the benefit of suspension of sentence can be granted

C. Penal Code, 1860 (IPC) – Sections 302 – Murder - The High Court has made a mistake by considering issues like political rivalry, delay in lodging FIR, and over-writings in the First Information Report - These aspects will need to be examined during the final hearing of the appeals filed by the convicts - After examining the evidence on record, the court cannot agree with the arguments made by the convicts' senior counsel that there is no case against them or that the evidence is weak. Therefore, the court cannot accept the convicts' argument that it would be unjust to keep them in custody until they are found not guilty

_*OMPRAKASH SAHNI VS JAI SHANKAR CHAUDHARY AND ANOTHER ETC.

Criminal Appeal Nos. 1331-1332 of 2023

DATE OF DECISION:- 02-05-2023