2023 MLD 60
S. 426---Juvenile Justice System Act (XXII of 2018), S. 18---Suspension of sentence pending appeal---Scope---Convict sought suspension of execution of his sentence on statutory ground of delay in decision of appeal---Convict was tried and convicted as a "juvenile"---Section 6(5) of the Juvenile Justice System Act, 2018, provided for grant of bail on the ground of delay in trial---No such provision was provided in the statute for suspension of execution of sentence of the person convicted by Juvenile Court, during pendency of his appeal---Recourse to S. 426, Cr.P.C. could be made for suspension of execution of sentence in view of S. 18 of the Juvenile Justice System Act, 2018---Under S. 426(1-A)(c), Cr.P.C., if a convict had been sentenced to imprisonment for life or imprisonment exceeding seven years and his appeal had not been decided within a period of two years of his Conviction then his request/prayer for suspension of execution of sentence on the ground of delay in decision of appeal could be considered---Since a period of two years had not elapsed in the appeal, therefore, ground of delay in decision of appeal was not available to the convict---
Suspension of sentence pending appeal---Release of a juvenile on bail---Scope---Notwithstanding the juvenility of the convict, period of two years for considering statutory ground for suspension of his sentence provided in S. 426(1-A)(c), Cr.P.C., shall be unchanged and the statutory ground for bail of a juvenile during the trial cannot be extended to him after Conviction and he will be treated as a convict under the relevant provisions of Code of Criminal Procedure, 1898
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