HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Mani Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1. Heard.
2. Admit. Issue Notice.
3. Learned AAG accepts notice on behalf of respondent - State.
4. Heard on application for suspension of sentence No.321/2025.
5. Upon a consideration of the arguments advanced by the appellant(s) and having regard to the facts and circumstances of the case including the fact that the recovered contraband was below commercial quantity. The appellant(s) was/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 sentence awarded to the accused appellant(s).
6. Accordingly, the application for suspension of sentence filed under Section 430 (2) BNSS is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Act Cases, District Hanumangarh vide judgment dated 10.02.2025 in Sessions Case No.33/2018 against the appellant-applicant(s) – 1. Mani Singh S/o Shri Gurdev Singh and 2. Smt. Amarjeet Kaur W/o Shri Mani Singh shall remain suspended till final disposal of the appeal and he/she/they shall be released on bail provided he/she/they executes a personal bond in the sum of Rs.1,00,000/- with two suret
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.
Suspension of sentence justified when appellant on bail during trial and contraband is below commercial quantity, emphasizing lengthy appeal process.
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.
The court may suspend a sentence if the accused was on bail during trial and if the appeal is unlikely to be heard soon.
Suspension of sentence granted pending revision due to prior bail status and expected duration of hearing, subject to conditions.
Suspension of sentence granted due to contraband being below commercial quantity and appellants' prior bail status, with conditions for bail and appearance.
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 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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