HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
PAPPU KHAN – 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, therefore, notice need not be issued.
5. Heard on application of suspension of sentence No.454/2025.
6. Learned counsel for the appellant submits that the sentence of the appellants have already been suspended by the trial Court for a period of one month and the appellants were not in custody, therefore, the sentence of the appellants may be suspended.
7. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellants.
8. 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 Addl. Sessions Judge No.2, Nimbahera, District Chittorgarh, vide judgment dated 21.02.2025 in Sessions Case No.12/2018 (52/2016) (CIS No.53/2018) against the appellant-applicants (1) Pappu Khan S/o Mirbaj Khan, (2) Nishad Khan S/o Pappu Khan, (3) Abdul Bahab @ Gauru S/o Abdul Gani, (4)
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 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 was on bail during trial and if the appeal is unlikely to be heard soon.
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 may suspend a sentence pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.
The court may suspend a sentence pending appeal if justified by the circumstances, subject to compliance with specified bail conditions.
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 justified when appellant on bail during trial and contraband is below commercial quantity, emphasizing lengthy appeal process.
Suspension of sentence granted pending revision due to prior bail status and expected duration of hearing, subject to conditions.
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