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ARUN BHANSALI, RAJENDRA PRAKASH SONI
Sunil @ Pintu – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The appellants herein have been convicted and sentenced as below vide judgment dated 30/4/2022 passed by the learned Addl. Sessions Judge, Pali in Sessions Case No. 74/2015 (CIS No. 54/2015):
| Offences | Sentence | Fine |
| 302/34 IPC | Life Imprisonment | Rs.1,00,000/- each and in default of which to further undergo one year S.I. |
| 394/34 IPC | 10 years S.I. | Rs.50,000/- each and in default of which to further undergo six months S.I. |
| 460 IPC | 10 years S.I. | Rs.50,000/- each and in default of which to further undergo six months S.I. |
| 3/25 Arms Act | Two years S.I. | Rs.2000/- each and in default of which to further undergo two months S.I. |
2. The appellants-applicants have preferred the applications for suspension of sentence under Section 389 Cr.P.C. for release on bail during the pendency of the appeal.
3. Leaned counsel for the appellants-applicants made submissions that the complainant Smt. Kistu got her statement recorded, wherein, she specially indicated that those who entered the house and gave beating to her, her niece and her father-in-law were wearing black clothes and their faces were covered. However, in her statement as P.W.1, she improved her
The court established that prolonged custody and delay in appeal hearings can warrant the suspension of sentences under Section 389 Cr.P.C.
The court's decision was primarily based on the consideration of the long period of incarceration already undergone, the appeal not likely to be heard in the near future, and the fairly arguable poin....
Suspension of sentence is warranted when doubts exist regarding identification and evidence, particularly with significant delay in recovery.
The main legal point established in the judgment is that the Court has the discretion to suspend the sentence of the Appellants during the pendency of the appeals, considering the principles laid dow....
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....
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The central legal point established in the judgment is the consideration of contradictory and vacillating statements of witnesses in deciding the suspension of the substantive sentence during the app....
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.
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