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Supreme Court of India 2024-10-24 disposed

CENTRAL BUREAU OF INVESTIGATION vs ASHOK SIRPAL

Bench: 2 — Abhay S. Oka, Augustine George Masih

In Brief

A respondent convicted of offences under the Indian Penal Code and the Prevention of Corruption Act was sentenced to 7 years rigorous imprisonment and a fine of Rs.95 lakhs, with 21 months imprisonment in default of fine. The Delhi High Court suspended the sentence pending appeal, requiring only a personal bond. The Supreme Court upheld the High Court's order, holding that the appellate court has unfettered power under Section 389 CrPC to suspend both the sentence of imprisonment and the sentence of fine, with or without conditions. The Court held that conditions must be compliance-possible to protect the appellant's Article 21 rights. Given the pendency of appeals and limited sentence duration, the Court confirmed the suspension, treating the respondent's deposited Rs.15 lakhs as the condition for suspending the fine.

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Criminal Procedure Sentencing Suspension of Sentence Prevention of Corruption Appeal Bail and Bond Constitutional Law

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