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Section 438: Procedure when sentence is suspended

The Rajasthan Prisons Rules, 2022State Rules of Rajasthan · 1894

(1) When an Appellate Court directs that the execution of a sentence or order appealed against, be suspended, the appellant shall, if detained in prison pending further orders of such Courts, be treated in all respects as an under-trial prisoner.

(2) If the appellant be ultimately sentenced to imprisonment or imprisonment for life, the period during which the original sentence was suspended shall,-

(a) if passed while the prisoner was in prison, be included, and

(b) if passed when the prisoner was at large be excluded, in computing the term for which he was sentenced by the Appellate Court.

Where this provision sits

ActThe Rajasthan Prisons Rules, 2022
Section438
Marginal noteProcedure when sentence is suspended
JurisdictionState of Rajasthan
StatusIn force as published by the source

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