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FARJAND ALI
Chetan Kumar Sethi – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The appellant has preferred the instant appeal under Section 374(2) CrPC being aggrieved of the judgment of conviction and order of sentence dated 13.02.2023 passed by the learned Special Judge, Prevention of Corruption Act Cases, Bhilwara in Sessions Case No.85/2015. He has also preferred an application No.185/2023 under Section 389 CrPC seeking suspension of Sentence.
2. The sentence awarded to the appellant has already been suspended by learned trial Court till 14.03.2023 by taking report of Section 389 Sub clause 3 of the Cr.P.C. Upon consideration the grounds raised in the memo of the appeal and after going through the judgment impugned and looking to the age of the appellant being 62 years and as hearing of the appeal is unlikely in near future, I deem it proper to suspend the sentence awarded to the appellant during the pendency of the appeal.
3. Accordingly, the application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, Prevention of Curruption Act Cases, Bhilwara vide judgment dated 13.02.2023 in Sessions Case No.85/2015 against the appellant-applicant Smt Chetan Kumar S
The court established that under Section 389 CrPC, a sentence can be suspended during the appeal process if the circumstances justify such action, particularly considering the age of the appellant an....
The court established that under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process if justified by the circumstances of the case.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
Suspension of sentence under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.
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 ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
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