DEVENDRA KACHHAWAHA
Debu @ Baldev Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
S.B. Criminal Revision Petition No. 810/2021:
1. Heard learned counsel for the petitioners as well as learned Public Prosecutor.
2. Admit. Issue notice. Record has already been received.
3. Learned Public Prosecutor accepts notices on behalf of the respondent - State of Rajasthan.
4. Heard learned counsel for the parties on the application seeking suspension of sentences (SoS No. 244/2021).
5. Learned counsel for the petitioners stated that the accused-petitioners have been convicted for the offence punishable under Section 16/54 of Rajasthan Excise Act for a period of one year's simple imprisonment along with a fine of Rs.200/- each by the learned Chief Judicial Magistrate No.2, Sriganganagar in Criminal Case No. 1782/2016 (4023/2014) vide judgment and order dated 31.08.2017 and the same was affirmed by the learned Additional Sessions Judge No.l, Sriganganagar in Criminal Appeal No. 295-A/2017 (CIS N. 295/2017) vide judgment and order dated 22.09.2021, while dismissing the appeal of the accused; that the offence is triable by the Magistrate; that hearing of the revision petition will take time, therefore, the sentences awarded to the accused-petitioner may be suspended.
6. Per cont
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 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.
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