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ARUN BHANSALI, RAJENDRA PRAKASH SONI
Sohan Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The appellant herein has been convicted and sentenced as below vide judgment dated 08.02.2023 passed by the learned Sessions Judge, Pratapgarh, in Session Case No.09/2023 (52/2023):
| Offences | Sentence | Fine |
| 341 IPC | One Month's Simple Imprisonment | Rs.500/- and in default of which to further undergo seven days' additional S.I. |
| 323/34 IPC | One Year's rigorous imprisonment | Rs.1,000/- and in default of which to further undergo fifteen days' additional rigorous imprisonment |
| 324 IPC | Three Years' rigorous imprisonment | Rs.2,000/- and in default of which to further undergo one month's additional rigorous imprisonment. |
| 325/34 IPC | Seven Years' rigorous imprisonment | Rs.5,000/- and in default of which to further undergo two months' additional rigorous imprisonment. |
| 307 IPC | Life Imprisonment | Rs.25,000/- and in default of which to further undergo six months' additional rigorous imprisonment. |
2. The appellant-applicant has preferred the application for suspension of sentence under Section 389 Cr.P.C. for release on bail during the pendency of the appeal.
3. It is submitted by the counsel for the applicant the applicant has been falsely implicate
The court established that non-vital injuries and prior bail status can justify the suspension of a sentence during an appeal.
The court established that insufficient evidence of serious injury can justify the suspension of a sentence pending appeal.
The court allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
The main legal point established in the judgment is the court's discretion to suspend sentences under Section 389 Cr.P.C. during the pendency of an appeal, based on the circumstances of the case and ....
[The court established that the presence of material contradictions in prosecution evidence and the nature of injuries can justify the suspension of a sentence pending appeal.]
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The court can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.
Suspension of sentence granted based on the nature of allegations and circumstances of a free fight, allowing accused-applicants to appeal while on bail.
The court established that under Section 389 Cr.P.C., a convicted individual may have their sentence suspended if there are substantial grounds for appeal.
The court ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
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