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MADAN GOPAL VYAS, PUSHPENDRA SINGH BHATI
Shokat, S/o. Shri Alladita – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 09.11.2022 passed by learned Additional Sessions Judge No.7, Bikaner, District Bikaner in Sessions Case No.09/2020:
| Offences | Sentences | Fine |
| 302 IPC | Life Imprisonment | Rs.10,000/- and in default of which to further undergo three months’ S.I. |
| 450 IPC | Seven Years’ S.I. | Rs.3,000/- and in default of which to further undergo one month’s S.I. |
2. The appellant-applicant has preferred the application for suspension of sentence under Section 389 Cr.P.C. for suspension of sentences during the pendency of the appeal and for release on bail.
3. The salient facts of the case, as observed by this Court, are that on 10.12.2014, the complainant alleges that during a dispute between his daughter and her husband (son-in-law), the son-in-law entered their house and fatally wounded his wife by slitting her throat, causing her immediate death.
4. Mr. Devender Singh Thind, learned counsel appearing on behalf of applicant-appellant submits that though the merits of the case warrant intervention, but he is restricting his arguments to the prolonged perio
The court may suspend a sentence if the appellant has served over 10 years and there are no extenuating circumstances for denial of bail.
Prolonged incarceration without imminent appeal hearing justifies suspension of sentence, aligning with Supreme Court directives on bail for long-term convicts.
Long-term custody without appeal hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
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....
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.
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Life convicts who have served over 10 years may be granted bail pending appeal unless there are extenuating circumstances for denial.
A convict who has served substantial time in custody may have their sentence suspended pending appeal if no extenuating circumstances exist against such bail.
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....
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