PUSHPENDRA SINGH BHATI, KULDEEP MATHUR
Madan Das S/o Shri Poonam Das – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. Heard learned counsel for the parties on D.B. Criminal Misc. 4th (Suspension of Sentence) Application No. 1064/2023.
2. The third application of Suspension of Sentence Application was rejected by the Hon’ble Division Bench of this Court vide order dated 09.09.2022.
3. Mr. Shah, learned counsel for the appellant-applicant submitted that he is making his primary submissions on the prolonged custody which is eleven years, seven months and twenty nine days with remission.
4. Learned counsel for the appellant-applicant further submitted that the family members of two brothers while contesting a piece of property, engaged in the fight which resulted into death of one of the brothers namely Mangi Lal. Learned counsel also submitted that there is a single injury on the body of deceased Mangi Lal.
5. Learned counsel for the appellant-applicant has referred to the judgments rendered by the Hon’ble Apex Court in the case of Saudan Singh vs. State of Uttar Pradesh, SLP (Crl.) No. 4633/2021 (decided on 05.10.2021) and Firoz Khan vs. State of Rajasthan, D.B. Criminal Misc. 2nd Suspension of Sentence Application (Appeal) No. 624/2023 (decided on 11.08.2023) and submitted that the allegat
The court allowed the suspension of sentence based on the convict's lengthy custody and the nature of the dispute, emphasizing conditions for bail and future appearances.
The court may suspend a sentence if the appellant has served over 10 years and there are no extenuating circumstances for denial of bail.
The main legal point established in the judgment is the consideration of suspension of sentence and bail for persons who have completed 10 years of sentence and whose appeal is not in proximity of he....
The court applied the legal principle that when a convict has served a substantial portion of the sentence and there is no likelihood of appeal hearing in the near future, the substantive sentence ca....
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 ....
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
The court upheld the conviction under Section 304(B) IPC, emphasizing that the absence of new grounds and insufficient custody period do not justify suspension of sentence.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.