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MANOJ KUMAR GARG
Vijay Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Heard.
2. Admit. Learned Public Prosecutor accepts notice on behalf of respondent-State.
3. Heard on application for suspension of sentence No. 1584/2023.
4. Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case including the facts that the recovered contraband is below commercial quantity and the appellants were on bail during the trial and hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellants.
5. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Special Judge, (NDPS Cases) (Additional Session Judge No. 1), Nohar, District Hanumangarh vide judgment dated 02.12.2023 in Sessions Case No. 06/2017 (CIS No. 484/2015) against the appellants-applicants (1) Vijay Kumar S/o Prathiviram and (2) Gaura @ Gurpayas S/o Sukhdev Singh, shall be suspended till final disposal of the aforesaid appeal subject to the condition that the appellants shall deposit the 50% of the fine amou
Suspension of sentence granted due to contraband being below commercial quantity and appellants' prior bail status, with conditions for bail and appearance.
The court ruled that a sentence may be suspended if the recovered contraband is below commercial quantity and the appellant was on bail during the trial.
The court may suspend a sentence if the accused demonstrates that the contraband is below commercial quantity and was on bail during trial.
The court established that the suspension of a sentence can be granted when the accused has been in custody for a significant period and the nature of the offense does not involve a commercial quanti....
Suspension of sentence is warranted when the accused were on bail during trial, the contraband is below commercial quantity, and the appeal process is expected to take time.
The court established that in cases involving possession of narcotics below commercial quantity, the suspension of sentence may be granted, especially when the accused has been compliant with bail co....
Suspension of sentence justified when appellant on bail during trial and contraband is below commercial quantity, emphasizing lengthy appeal process.
Suspension of sentence is justified when the contraband is below commercial quantity and the appellant was on bail during trial.
Suspension of sentence under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.
The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
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