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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
SHRAWAN KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1.Heard.
2. Admit.
3. Issue notice.
4. Learned Asst. to Addl. Advocate General accepts notice on behalf of sole respondent.
5. Heard on application of suspension of sentence No.357/2025.
6. Learned counsel for the appellant submits that the appellant was on bail during the trial and the recovered contraband is below commercial quantity.
7. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, the appellant was on bail during the trial and hearing of the appeal will take sufficient long time, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
8. Accordingly, the application for suspension of sentence filed under Section 430 BNSS is allowed and it is ordered that the sentence passed by the learned Special Judge, ( NDPS Act Cases) No.2, Jodhpur, vide judgment dated 17.02.2025 in Sessions Case No.21/2023 (104/2012) against the appellant-applicant Shrawan Kumar S/o Shri Arjunram Vishnoi shall remain suspended till final disposal of the aforesaid appeal and he will be released on bail, provided he executes a personal bond in
Suspension of sentence justified when appellant on bail during trial and contraband is below commercial quantity, emphasizing lengthy appeal process.
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 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 allowed the suspension of sentence pending appeal based on the absence of custody and prior temporary suspension, imposing conditions for bail.
Suspension of sentence is warranted when petitioners are on bail during trial and there is no immediate hearing for the appeal.
Suspension of sentence is justified when the contraband is below commercial quantity and the appellant was on bail during trial.
The court may suspend a sentence if the accused was on bail during trial and if the appeal is unlikely to be heard soon.
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
Suspension of sentence under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.
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