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INDERJEET SINGH, ASHUTOSH KUMAR
Bahadur Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
This suspension of sentence application has been filed by the appellant along with the appeal.
2. Counsel for the appellant submits that the appellant has been convicted under Sections 302, 364, 201 of Indian Penal Code, 3/25 of Arms Act and 3 of Prevention of Damage to Public Property Act.
3. Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the appellant is confined in District Jail, Sawal Madhopur since the date of arrest i.e. 18.11.2019. Counsel further submits that the sentence of life imprisonment has been awarded to the appellant under Section 302 of the Indian Penal Code. Counsel for the appellant submits that the appellant has been falsely implicated in this matter. Counsel further submits that PW1-Reena, daughter of the deceased and PW2-Bali Devi, wife of the deceased have leveled the allegation upon co-accused Montu of causing injuries on the person of deceased by using iron rod. Counsel further submits that other eyewitnesses namely PW3-Budhram and PW4-Rasid both have been declared hostile during trial by the Trial Court. Counsel further submits that as per the postmortem report as many a
The court granted suspension of sentence based on the duration of custody and issues with eyewitness credibility, emphasizing the need for strong evidence in ongoing appeals.
The court may suspend a sentence pending appeal if circumstances warrant, particularly considering the delay in hearing the appeal and the accused's custody status.
Suspension of sentence justified due to delays in appeal process and circumstances surrounding eyewitness testimonies.
Suspension of sentence granted based on lack of credible evidence and time served, allowing accused-applicants bail 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.
Suspension of sentence is only granted in exceptional circumstances, particularly when the conviction may not be sustainable, which was not established in this case.
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