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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Vinit Kumar Mathur, JJ.
Asharam @ Ashumal – Appellant
Versus
State Of Rajasthan – Respondent
Criminal Misc III Suspension of Sentence Application (Appeal) No. 220/2022
Decided On : 01-04-2022
Suspension of Sentences - Application for Suspension of Sentences - Legal provision discussed by the court
Fact of the Case:
The Public Prosecutor requested time to file a reply to the third application for suspension of sentences.
Finding of the Court:
The court granted the Public Prosecutor's request and listed the case for a hearing after two weeks.
Issues: The issue was the request for time to file a reply to the application for suspension of sentences.
Ratio Decidendi: The court's decision was influenced by the request made by the Public Prosecutor and the need for time to file a reply.
Final Decision: The court granted the request for time and scheduled the case for a hearing after two weeks.
JUDGMENT
ORDER
1. Learned Public Prosecutor prays for and is granted time to file reply to this third application for suspension of sentences.
2. List after two weeks, as prayed.
The court has the discretion to grant time for the filing of a reply to an application for suspension of sentences.
The court has the discretion to grant an extension of time for filing a reply and to continue an interim order until the next hearing.
The court validates the withdrawal of a petition to suspend a sentence under the Bharatiya Nagarik Suraksha Sanhita.
The court established that suspension of sentence can be granted when the accused meets specific conditions, including prior bail status and the nature of the offences.
The importance of informing the petitioner about the confirmation of the suspension order and providing the option to approach the appropriate forum if aggrieved.
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.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
The court established that under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process if justified by the circumstances of the case.
The court established that a convicted individual may have their sentence suspended if they were previously on bail and the trial process is prolonged.
The court established that the suspension of a sentence pending appeal is a discretionary power that can be exercised in the interest of justice, particularly when the accused has been in custody for....
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