MANOJ KUMAR GARG
Satya Narayan Mali – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Heard.
2. Admit. Learned Public Prosecutor accepts notice on behalf of the respondent-State. Call for record.
3. Heard on application for suspension of sentence No.652/2021.
4. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused-appellant.
5. Accordingly, the application for suspension of sentence is allowed and it is ordered that the substantive sentences passed by the Learned Additional Sessions Judge, Shahpura, District Bhilwara, vide order dated 29.09.2021 in Criminal (Session) Case No.03/2018 (CIS No.03/2018) against the appellant-applicant Satya Narayan Mali S/o Sh. Sukha Mali, shall remain suspended till final disposal of the aforesaid appeal and he will be released on bail subject to deposit the fine amount as imposed by the learned trial court, provided he executes a personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 22.11.2021 and whene
The court established that a substantive sentence can be suspended pending appeal if the accused complies with conditions ensuring their appearance in court.
Suspension of sentence is warranted when petitioners are on bail during trial and there is no immediate hearing for the appeal.
The court may suspend a substantive sentence pending appeal if the accused was on bail during trial, subject to conditions.
Suspension of sentence under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.
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 may suspend a sentence if the appellants are on bail during trial and if there is a likelihood of delay in hearing the appeal.
Suspension of sentence granted due to prior bail status and expected duration of revision petition, subject to conditions for appearance.
The court ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
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