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CHANDRA KUMAR SONGARA
Jitendra Choudhari – 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 Additional Sessions Judge No. 8, Jaipur Metropolitan Second, vide its judgment dated 24.09.2021 in Sessions Case No.03/2020 (36/2019) (CIS No. 414/2019).
2. Learned counsel appearing for the applicant/appellant submits that the applicant/appellant was on bail during trial and his sentence has already been granted by the learned trial court after judgment and order of conviction. 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; but without expressing any opinion on the merits and demerits of the case, this court deems it just a
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 has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
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 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 has the discretion to suspend a jail sentence under Section 389(1) of Cr.P.C based on the circumstances of the case, including the conduct of the appellant and the likelihood of the appeal ....
Suspension of sentence imposed - Appellant was on bail during trial and he did not misuse his liberty of bail - Appeal is likely to take considerable time, application for suspension of sentence of c....
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.
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