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CHANDRA KUMAR SONGARA
Kuldeep @ Sonu – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Chandra Kumar Songara, J. - This application for suspension of sentence has been preferred on behalf of the applicants/appellants under Section 389 of Cr.P.C. to suspend the sentence awarded by Special Judge of POCSO Act 2012 & Protection of Children Rights Commission Act 2005 No. 2, Kota (Raj.) vide its judgment dated 27.09.2021 in Sessions Case No.278/2018 (CIS No. 278/2018) (Old No. 105/2016).
2. Learned counsel appearing for the applicants/appellants submits that the applicants/appellants was on bail during trial and his sentence has already been suspended by the learned trial court after judgment and order of conviction. Hence, sentence awarded to the applicants/appellants 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 applicants/appellants 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 applicants/appellants and overall facts and circumstances of the case; but without expressing any opinion
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 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.
The court may allow the suspension of sentences if the grounds raised by the appellant for suspension are arguable and the disposal of the appeal would consume time.
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.
The court established that suspension of sentences under Section 389 Cr.P.C. can be granted based on the circumstances of the case, including prior bail status and the nature of allegations.
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 granted suspension of sentence pending appeal under specific conditions, emphasizing the need for the Appellant to remain reachable.
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