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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE PRAMIL KUMAR MATHUR, JJ
DHARA SINGH S/O VIKRAM SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
1. This suspension of sentence application has been filed by the present accused-applicants along with the appeal.
2. Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been sentenced to undergo life imprisonment for the offence under Section 302 /149 of IPC .
3. Counsel for the accused-applicants have annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicants are in judicial custody since the date of arrest. Counsel further submits that the accused-applicants have been falsely implicated in this matter. Counsel further submits that the accused-applicants has served the sentence for a period of more than seven years. Counsel further submits that the accused-applicants have been convicted with the aid of Section 149 of IPC and the sentence of similarly situated co-accused person namely Ramveer has already been suspended by this Court. Counsel further submits that hearing/disposal of appeal is likely to take long time. Therefore, he prayed that sentence awarded to the accused-applicants may be suspended and the accused-applicants be released on bail during the pendency of the ap
The court can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.
Suspension of sentence is justified when the accused shows circumstances such as prior bail status, marriage to the prosecutrix, and delays in FIR filing, indicating a potential for prolonged appeal.
Suspension of sentence justified due to delays in appeal process and circumstances surrounding eyewitness testimonies.
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.
The court allows suspension of sentence for a juvenile convicted under Section 302 IPC, emphasizing the reliance on circumstantial evidence and the lengthy appeal process.
The court allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
Suspension of sentence is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.
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