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PUSHPENDRA SINGH BHATI
Manchha Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
In S.B. Suspension Of Sentence(Revision) No. 18/2021 & 70/2021 (Manchha Ram) :-
Heard learned counsel for the parties. Learned counsel for the petitioner submits that the petitioner has undergone a total continuous sentence of 5 years earlier and 2 years, 9 months and 23 days subsequently. The petitioner has undergone a total sentence for a period of 7 years, 9 months and 23 days. He, therefore, prays that the sentences awarded to the petitioner may be suspended during pendency of the present revisions.
This Court has considered the rival arguments advanced by the parties and perused the judgments of the courts below. Looking to the facts and circumstances of the case and the sentences awarded by the learned trial court, this Court deems it just and proper to suspend the sentences awarded to the accused petitioner.
Accordingly, these criminal misc. suspension of sentences applications filed under Section 397/401 Cr.P.C. are allowed and it is ordered that the sentences passed by the learned Chief Judicial Magistrate, Sirohi, Di
The court established that suspension of sentences can be granted based on the duration served and the circumstances surrounding each case.
The court has the discretion to suspend sentences and release the accused on bail based on the facts and circumstances of the case and the sentences awarded by the trial court.
The court may suspend a substantive sentence if there is no imminent hearing date for the revision, subject to specific bail conditions.
The court may suspend a substantive sentence if there are no immediate prospects for hearing a revision, subject to specific bail conditions.
The court has the discretion to suspend the sentence and grant bail under Section 397/401 Cr.P.C. based on the facts and circumstances of the case.
The court has the discretion to suspend a substantive sentence in light of exceptional circumstances, such as the COVID-19 pandemic, and may impose specific conditions for the suspension.
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 suspension of sentences is appropriate when the offense is triable by a Magistrate and delays in the revision process are anticipated.
The court has the discretion to suspend the sentence of appellants during the pendency of the appeal and allow their release on bail with specific conditions.
The court may suspend a substantive sentence if there is no timely hearing of the revision application, ensuring the accused's rights are protected during prolonged custody.
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