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VINIT KUMAR MATHUR
Dinesh S/o Jagdish Vaishnav – Appellant
Versus
N. C. B. , Jodhpur – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties on S.B. Suspension of Sentence (appeal) No.619/2020.
2. Learned counsel for the appellant has submitted that the appellant was convicted by 1the trial court for the offence punishable under Section 8/29 of the NDPS act and sentenced for 10 years of rigorous imprisonment along with fine. Learned counsel for the appellant has submitted that out of 10 years of sentence, the appellant has already undergone more than 7 years. It is also submitted that final hearing of the appeal will take time.
3. Learned Special Public Prosecutor Mr. M.R. Pareek opposed the application for suspension of sentence.
4. Having heard learned counsel for the parties and taking into consideration the fact that the appellant has already undergone more than 7 years of sentence out of total sentence of 10 years, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.
5. accordingly, S.B. Suspension of Sentence (appeal) No.619/2020 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 4.5.2019 in Sessions Case No.2/2015 against app
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 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 established that a lack of evidence of knowledge regarding contraband transport can justify the suspension of a sentence under the NDPS Act.
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.
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