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FARJAND ALI
Kan Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Farjand Ali, J. - The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 25.07.2018 passed by the learned Additional Chief Judicial Magistrate, Bhinmal, District Jalore in Criminal Case No.314/2005, whereby he was convicted and sentenced to suffer imprisonment of two years for the offence under Section 304-A IPC.
2. Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence brought on record, therefore, the material would be required to be appreciated again. The petitioner was on bail during trial and during the course of appeal. Hearing of the revision petition would likely take long time.
3. Heard learned counsel for the petitioner, learned Public Prosecutor and perused the material available on record.
4. Upon consideration of the grounds raised in the memo of the revision, looking to the totality of facts and circumstances of the case, more particularly the facts that the accused-petitioner was on bail during the course of trial and appeal and the hearing of revision is likely to take further mo
The court has the discretion to suspend the sentence under Section 397(1) Cr.P.C. based on the totality of facts and circumstances 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 convicted individual may have their sentence suspended if they were previously on bail and the trial process is prolonged.
The court may suspend a substantive sentence pending appeal if the accused was on bail during trial, subject to conditions.
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 has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
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