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UMA SHANKER VYAS
Rajesh Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Uma Shanker Vyas, J. - This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.
2. Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 31.08.2018 for the offence under Section(s) 279, 337 & 304A IPC and for the offence under Section(s) 134/187 of M.V. Act and sentenced as under:-
3. For offence under Section 279 IPC- Simple Imprisonment of six months with a fine of Rs.1,000/-; in default of payment of fine, to further undergo Simple Imprisonment of one month.
4. For offence under Section 337 IPC- Simple Imprisonment of six months with a fine of Rs.500/-; in default of payment of fine, to further undergo Simple Imprisonment of ten days.
5. For offence under Section 304A IPC- Simple Imprisonment of two years with a fine of Rs.10,000/-; in default of payment of fine, to further undergo Simple Imprisonment of two months.
6. For offence under Section(s) 134/187 M.V. Act- A fine of Rs.500/-; in default of payment of fine, to further undergo Simple Imprisonment of five days.
7. The appellant-applicant thereafter filed an appeal, but the appellate Court vide its judg
The court established that a suspension of sentence may be granted when the applicant demonstrates prior compliance with bail conditions and the potential for prolonged judicial proceedings.
The court established that the suspension of sentence can be granted based on the applicant's circumstances, including prior bail and the potential delay in the judicial process.
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 a convicted individual may have their sentence suspended if they were previously on bail and the trial process is prolonged.
The court has the discretion to suspend a sentence if circumstances justify, such as the duration of custody and potential delays in the appeal process.
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 has the discretion to suspend the sentence under Section 397(1) Cr.P.C. based on the totality of facts and circumstances of the case.
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 a sentence based on the facts and circumstances of the case, including the length of the applicant's custody and the likelihood of considerable time for the di....
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