Code of Criminal Procedure, 1973–Sec. 389 [Corresponding Sec. 430 of BNSS, 2023]–Sentence of four year’s R.I.–Declined to suspend–When a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence should be considered by the Appellate Court liberally unless there are exceptional circumstances–Appeal is of the year 2024–If four years are to elapsed in jail, the same would render the appeal infructuous and that would be travesty of justice–Matter deserves to be remanded back for fresh consideration.
