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DEVENDRA KACHHAWAHA
Vishwajeet Brahmin – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor. Perused the record.
2. Admit. Issue notice. Record has already been received.
3. Learned Public Prosecutor accepts notices on behalf of the respondent - State of Rajasthan. Hence, notices need not be issued.
4. Heard learned counsel for the parties on the application seeking suspension of sentences (SoS No. 288/2021).
5. Learned counsel for the accused-petitioner stated that the accused-petitioner has been convicted for the offence punishable under Section 406 IPC for a period of one year's simple imprisonment by the learned Additional Chief Judicial Magistrate, shahpura, District Bhilwara in Criminal Case No. 148/2003 vide judgment and order dated 15.07.2017 and the same was affirmed by the learned Additional Sessions Judge, Shahpura, District Bhilwara in Criminal Appeal No. 45/2017 (CIS No. 45/2017) vide judgment and order dated 15.11.2021 and since the date of decision by the learned Appellate Court, the accused is in judicial custody; that during the trial of the case, the accused was on bail; that the offence is triable by the Magistrate; and that the hearing of the revision petition wil
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 established that suspension of sentence can be granted when the accused meets specific conditions, including prior bail status and the nature of the offences.
The court has the discretion to suspend the sentence and grant bail under Section 397/401 Cr.P.C. based on the facts and circumstances of the case.
The court established that suspension of sentences is appropriate when the offense is triable by a Magistrate and delays in the revision process are anticipated.
The court may suspend a substantive sentence and grant bail if there is no imminent hearing for the revision application, ensuring fair treatment of the accused.
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 substantive sentence if there are no immediate prospects for hearing a revision, subject to specific bail conditions.
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