VIJAY BISHNOI
Surendra Pal Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties on suspension of sentence application.
2. Learned counsel for the applicant-appellant has submitted that the applicant-appellant was convicted for the offences punishable under NDPS act and sentenced for 15 year of rigorous imprisonment vide impugned judgment. It is submitted that out of total sentence, the applicant-appellant has already undergone 8 yeas and 8 months of sentence. It is also submitted that there is no possibility of hearing of the appeal in near future.
3. Having considered the totality of facts and circumstances of the case, taking into consideration the custody period of the accused applicant-appellant and in view of the fact that the hearing of the appeal will take time, I consider it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.
4. accordingly, this suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 04.03.2017 in Sessions Case No.291/2014 (85/2013) against applicant-appellant - Surendra Pal Singh S/o Shri Bachan Singh shall remain susp
The court has the discretion to suspend the substantive sentence under Sec.389 Cr.P.C. based on the totality of facts and circumstances, including the custody period and the anticipated delay in the ....
The court has the discretion to suspend the substantive sentence under Sec. 389 Cr.P.C. considering the totality of facts and circumstances, including the custody period and the anticipated delay in ....
The court has the discretion to suspend the substantive sentence if it deems it just and proper, considering the circumstances of the case and the pending appeal.
The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
The court ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
The court has the discretion to suspend the substantive sentence under Section 389 Cr.P.C. until the final disposal of the appeal, based on the circumstances of the case.
The court may suspend a substantive sentence and grant bail if there is no imminent hearing for the revision application, ensuring fair treatment of the accused.
The court may suspend a sentence pending appeal if justified by circumstances, requiring compliance with specific bail conditions.
Suspension of sentence under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.
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