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VINIT KUMAR MATHUR, RAJENDRA PRAKASH SONI
Ramesh Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 13.01.2021 passed by the learned Additional District and Sessions Judge, Sumerpur, District Pali in Sessions Case No.18/2014 (CIS No.73/2014):
| Offence | Sentence | Fine |
| 302 r/w 120-B IPC | Life Imprisonment | Rs. 5,000/-, in default thereof to further undergo one year's SI |
2. The second application for suspension of sentence filed by the applicant-appellant was dismissed by this Court vide order dated 20.04.2023.
3. The appellant-applicant has preferred this third application under Section 389 Cr.P.C. seeking suspension of sentence during the pendency of the appeal and for release on bail.
4. The appellant-applicant has preferred the present application on the solitary ground that he has remained in custody for more than 10 years and there is no likelihood of appeal being taken up for hearing in near future. Relying upon the directions of Hon'ble The Supreme Court dated 15.09.2022 in Sonadhar v. The State of Chhattisgarh : SLP (Crl.) No.529/2021, learned counsel prayed that the sentence of the applicant be suspended and he be enlarged on bail.
5. Learne
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Long-term custody without appeal hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Long-term convicts may be granted bail pending appeal if they have served over 10 years without compelling reasons for denial, as established in prior Supreme Court rulings.
The court applied the legal principle that when a convict has served a substantial portion of the sentence and there is no likelihood of appeal hearing in the near future, the substantive sentence ca....
The court may suspend a sentence if the appellant has served over 10 years and there are no extenuating circumstances for denial of bail.
Life convicts who have served over 10 years may be granted bail pending appeal unless there are extenuating circumstances for denial.
Prolonged incarceration without imminent appeal hearing justifies suspension of sentence, aligning with Supreme Court directives on bail for long-term convicts.
The main legal point established in the judgment is the consideration of suspension of sentence and bail for persons who have completed 10 years of sentence and whose appeal is not in proximity of he....
A convict who has served substantial time in custody may have their sentence suspended pending appeal if no extenuating circumstances exist against such bail.
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