After a person is convicted by trial court,
- He files an Appeal to Superior Court ( High Court or District Court depending on nature of conviction)
At time of filing appeal, he can file two more Applications with Appeal :-
1) Application for Bail, saying, "please release me on bail since regular hearing of my appeal can take several months or years."
2) Application for Suspension of Sentence, saying "Please suspend my sentence regarding conviction, during hearing of appeal so that in the meantime I can continue in my job as government servant, and I do not have to deposit fine, and that the conviction do not come in my way in other areas of my occupation."
In these way two things are different.
If only prayer (1) bail, is granted, he is released on bail but he loses govt job etc in meantime and he has to deposit fine.
If prayer (2) is also granted, then conviction judgement itself is suspended and the person can move along with his govt job etc...
He also do not have to deposit fine, or can deposit amounts as may be directed.
Since 2002, generally, sentence is not suspended in corruption cases.
But this all depends on discretion of Court. Each case have different facts.
Haresh Raichura
10/10/14
