Suspension of sentence

  • Suspension of sentense

Suspension of sentence (or suspension of conviction) is different from regular bail or anticipatory bail. Anticipatory bail is filed when a person apprehends his arrest. It is filed when a person has not been arrested. Once person has been arrested, he has the file regular bail to get out of jail. When a person has been finally convicted after a trial, suspension of sentence is the remedy which is available to him to either get out of jail if is already in jail or to prevent being taken to jail if he is not in jail already.

Difference between suspension of sentence and suspension of conviction is that in suspension of sentence, appellate court orders that though the person has been convicted, he shall not be sent to jail. This means his conviction still stands during the pendency of an appeal. Suspension of conviction means that not only a person shall not be sent to jail but also the judgement of conviction passed against him shall also be stayed during the pendency of an appeal. This is important for certain individuals who are in government service because in case of conviction, departmental enquiry or adverse departmental action can be taken against the convict as per rules and regulations applicable on convict.

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