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SANDEEP MEHTA, MANOJ KUMAR GARG
Kishan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. The instant application for suspension of sentences under Section 389 Cr.P.C. has been preferred by appellant-applicant Kishan S/o Motilal, who has been convicted and sentenced as below vide judgment dated 28.11.2019 passed by learned Addl. Sessions Judge, Pali in Sessions Case No.48/2015:
| Offence Under Section | Imprisonment | Fine | Sentence in default of fine |
| 302 IPC | Life Imprisonment | Rs.20,000/- | 3 months' SI |
| 397 IPC | 7 years' R.I. | - | -- |
(Both the sentences were ordered to run concurrently.)
2. Learned Public Prosecutor has chosen not to file reply to the application for suspension of sentences and proposes to argue the matter orally.
3. We have heard and considered the submissions advanced by Shri Rajpurohit and Shri Bishnoi, learned counsel representing the applicant-appellant and learned Public Prosecutor and have gone through the impugned judgment and the record.
4. Craving indulgence of bail to the applicant-appellant, Shri Rajpurohit and Shri Bishnoi vehemently and fervently urge that the entire prosecution case which is based on false and fabricated circumstantial evidence. The applicant-appellant has been convicted in this case solely on the basis of all
The court established that the suspension of sentences under Section 389 Cr.P.C. requires consideration of the strength of the evidence and the duration of custody.
The court established that reasonable doubt in the prosecution's evidence can justify the suspension of sentences under Section 389 of the CrPC.
The central legal point established in the judgment is the requirement of substantive evidence and link evidence to establish guilt in criminal cases, and the consideration of bail during the pendenc....
The court may suspend a sentence pending appeal if the appellant has served a significant portion of the sentence and the appeal is not likely to be heard soon, and further incarceration is not warra....
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's decision was based on the evidence of constant communication through mobile phones, recovery of mobile and SIMs, and the motive, in line with the judgment of the Hon'ble Supreme Court in ....
In criminal appeals involving serious offences, suspension of sentence requires a prima facie assessment of trial evidence without reappraisal, and must be justified by potential for acquittal.
The court established that bail may be granted during appeal if significant doubts exist regarding the prosecution's evidence and the circumstances of the case.
The strength of the prosecution case and the integrity of the investigation are crucial factors in considering the suspension of sentences and bail during the appeal.
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