SC: Suspension of sentence can be vacated if condition not complied with

The Hon’ble Supreme Court, on 8th January 2020, in the matter of Surinder Singh Deswal @ Col. S.S. Deswal & Ors. v. Virender Gandhi & Anr. pronounced that non-compliance of the condition of suspension of sentence is sufficient to declare suspension of sentence as having been vacated.

The Hon’ble Supreme Court observed that:

The Court which has suspended the sentence on a condition, after noticing non-compliance of the condition can very well hold that the suspension of sentence stands vacated due to non-compliance. (Para 18)

It is for the Appellate Court who has granted suspension of sentence to take call on non-compliance and take appropriate decision. What order is to be passed by the Appellate Court in such circumstances is for the Appellate Court to consider and decide. However, non-compliance of the condition of suspension of sentence is sufficient to declare suspension of sentence as having been vacated. (Para 19)

Copy of judgement: Judgement_08-Jan-2020

-Adv. Tushar Kaushik

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