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MANOJ KUMAR GARG
Amar Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - This is the second suspension of sentence application under Section 389 Cr.P.C. The first suspension of sentence application of the appellant was dismissed as withdrawn vide order dt. 20.10.2021.
2. Learned counsel for the appellant submits that appellant was convicted for the offence punishable under Section 8/15 of NDPS act & Section 3/25 of arms act and the maximum sentence awarded to the appellants is of 7 years rigorous imprisonment. It is submitted that appellant has served 3 years and 5 months of imprisonment out of the total sentence of 7 years. No other case of NDPS act has been registered against the appellant. The appellant is in judicial custody and hearing of the appeal is likely to take a long time. Therefore, the sentence awarded to the appellant may be suspended.
3. Per contra, learned Public Prosecutor has opposed the prayer of the appellant.
4. Having regard to the facts and circumstances of the case so also the fact that the appellant has already undergone 3 years and 5 months imprisonment out of the total sentence of 7 years and the appeal preferred by the appellant against the impugned judgment is not likely to be heard in near futur
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 main legal point established in the judgment is the consideration of prolonged custody and the likelihood of serving out the sentences awarded by the trial court in granting bail and suspending t....
The court applied Section 389 Cr.P.C. to suspend the sentences of the appellant-applicant during the pendency of the appeal, considering the provisions of the NDPS Act and the overall facts and circu....
The main legal point established in the judgment is the court's authority to suspend sentences under Section 389 Cr.P.C. when the appellant has strong grounds for assailing the impugned judgment and ....
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 established that under Section 389 Cr.P.C., a convicted individual may be granted bail pending appeal if the circumstances, including the nature of the offense and prior convictions, suppor....
The court has the discretion to suspend sentences and grant bail during the pendency of an appeal, considering the facts and circumstances of the case.
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 ....
Suspension of sentence should be considered liberally unless there is any statutory restriction, and the appellate Court has the discretion to suspend a sentence awarded under the NDPS Act, emphasizi....
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