CHANDRA KUMAR SONGARA
Roopa @ Roop Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Chandra Kumar Songara, J. - This application for suspension of sentence has been preferred on behalf of the applicant/appellant under Section 389 of Cr.P.C. to suspend the sentence awarded by Learned Special Judge, SC/ST (POA) Act Cases, Karauli(Raj.) vide its judgment dated 28.09.2021 in Sessions Case No.59/2014 (CIS No. 3190/2014).
2. Learned counsel appearing for the applicant/appellant submits that the applicant/appellant was on bail during trial and his sentence has already been suspended by the learned trial court after judgment and order of conviction. Looking to the pendency of the appeals before this court, hearing of the appeal will take considerable time. Hence, sentence awarded to the applicant/appellant may be suspended during pendency of the appeal.
3. On the other hand, learned Public Prosecutor appearing for the State, has opposed the application for suspension of sentence.
4. Heard learned counsel appearing for the applicant/appellant as well as learned Public Prosecutor and perused the material made available on record.
5. Considering the submissions made by learned counsel appearing for the applicant/appellant and overall facts and circumstances of the case;
The court established that under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process if justified by the circumstances of the case.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
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 established that under Section 389 CrPC, a sentence can be suspended during the appeal process if the circumstances justify such action, particularly considering the age of the appellant an....
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 under Section 389 Cr.P.C., a convicted individual may have their sentence suspended if there are substantial grounds for appeal.
The court states that post-conviction bail requires strong reasons and must consider the appeal's merits, emphasizing that a sentence should not run if it renders the appeal infructuous.
The court established that under Section 389 CrPC, the suspension of sentences is warranted in cases of significant delays in appeal hearings to uphold the rights of the accused and prevent injustice....
The court has the discretion to suspend sentences under Section 389 CrPC to prevent the frustration of the purpose of filing the appeal.
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