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PANKAJ BHANDARI, BHUWAN GOYAL
Basant Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(Pankaj Bhandari, J.)
Accused-applicant has preferred this second application for suspension of sentence.
2. Heard on second application for suspension of sentence.
3. It is contended by counsel for the applicant that applicant has remained in custody for a period of 7 years and 4 months. The case rests on evidence of two witnesses i.e. P.W. 15 & P.W. 19, both are not reliable witnesses. The occurrence took place at dark & there were no lights and accident took place on the road.
4. Learned Additional Government Advocate as well as counsel for the complainant have opposed the second suspension of sentence application. It is contended by counsel for the complainant that the applicant had earlier threatened the deceased.
5. We have considered the contentions.
6. Considering the contentions of the counsel for the applicant; as also the fact that death was caused by an accident; the applicant has remained in custody for a period of 7 year and 4 months and disposal of appeal is bound to take time, we deem it proper to allow the second application for suspension of sentence.
7. Accordingly, the second application for suspension of sentence is allowed. It is ordered that the senten
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.
The court established that sentences can be suspended based on the duration already served and the conditions of appearance during the appeal process.
Suspension of sentence is justified when the appeal process is delayed significantly and key witness credibility is in question.
The court may suspend a substantive sentence if there is no imminent hearing date for the revision, subject to specific bail conditions.
The court may suspend a convict's sentence post-conviction based on custody duration and evidence merits, despite diminished presumption of innocence.
The court may suspend a substantive sentence if there are no immediate prospects for hearing a revision, subject to specific bail conditions.
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