The difference between stay of sentence and suspension of sentence in a criminal appeal can be understood based on the information provided.

Stay of sentence refers to the temporary halt or postponement of the execution of a sentence imposed by a trial court. It is typically granted when an appeal is pending before a higher court. The purpose of a stay of sentence is to prevent the immediate enforcement of the punishment until the appeal is decided. In other words, the person convicted is allowed to remain free or avoid serving the sentence until the appeal process is completed.

On the other hand, suspension of sentence refers to the temporary suspension or holding in abeyance of the operation of the order of conviction itself. This means that while the conviction remains in place, the execution of the sentence is suspended or put on hold. Suspension of sentence is usually granted when there are strong and compelling reasons to believe that the conviction may be erroneous or when there are other factors that warrant the temporary suspension of the sentence.

It is important to note that there is a distinction between suspension of execution of sentence and suspension of the operation of the order of conviction. The former refers to the suspension of the actual punishment, while the latter refers to the suspension of the legal consequences of the conviction itself.

In the Indian judiciary, the Code of Criminal Procedure, 1973, provides provisions regarding the suspension of sentence in criminal appeals. Section 389 of the CrPC empowers the appellate court to suspend the execution of the sentence and release the accused on bail. However, it is crucial for the court to carefully consider the relevant aspects and not pass the order of suspension of sentence and grant of bail as a matter of routine. The court must examine the prima facie merits of the appeal and other factors before granting such relief.

In summary, stay of sentence refers to the temporary halt of the execution of a sentence during the pendency of an appeal, while suspension of sentence refers to the temporary suspension of the operation of the order of conviction itself. The decision to grant either relief depends on the specific circumstances of the case and the discretion of the court.

[