DEVENDRA KACHHAWAHA
Man Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Heard learned counsel for the petitioner as well as learned
2. Public Prosecutor. Perused the material available on record.
3. Admit. Issue notice.
4. Learned Pubic Prosecutor accepts notices on behalf of the respondent - State of Rajasthan. Hence, notices need not be issued.
5. Send for the record.
6. Heard learned counsel for the parties on application seeking suspension of sentence (SoS No. 318/2021).
7. Learned counsel for the applicant-petitioner stated that the accused-petitioner was convicted for the offences punishable under Sections 408 IPC for a period of three years' simple imprisonment with a fine of Rs.20,000/-, in default of payment of fine to further undergo three months additional simple imprisonment, under Section 420/120-B IPC for a period of three years' simple imprisonment with a fine of Rs.20,000/-, in default of payment of fine to further undergo three months additional simple imprisonment, under Section 468/120-B IPC for a period of three years' simple imprisonment with fine of Rs.20,000/-, in default of payment of fine to further undergo three months additional simple imprisonment, under Section 471/120-B IPC for a period of two years' simple imprisonment
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 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 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 sentence if the petitioner meets certain conditions, including prior bail status and compliance with legal obligations.
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 and grant bail if there is no imminent hearing for the revision application, ensuring fair treatment of the accused.
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 may suspend a substantive sentence if there is no timely hearing of the revision application, ensuring the accused's rights are protected during prolonged custody.
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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