HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. MANINDRA MOHAN SHRIVASTAVA, CJ, MR. JUSTICE BHUWAN GOYAL, J
Balchand S/O Shri Jailal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Heard on fourth application for suspension of sentence and grant of bail to the appellants namely, Balchand S/o Shri Jailal & Mahaveer @ Bula S/o Shri Balchand @ Bala.
2. Learned counsel for the appellants would argue that even though the appellants’ jail sentence with benefits of remission has exceeded 12 years by now, the appeal has not been heard. He would submit that though the case was directed to be listed on 15.01.2024, it was not taken up for hearing. He would further submit that present is not a case of extraordinary or extenuating circumstances that despite such a long period of jail sentence having undergone by the appellants, the application should be rejected only on that ground. Therefore, when the appeal is not being heard finally, the application may be allowed.
3. On the other hand, learned GA-cum-AAG opposed the application for suspension of sentence and grant of bail and would submit that earlier applications were considered and rejected on merits. He would submit that the case was directed to be listed for final hearing on 15.01.2024. If for some reason, hearing could not take place, that does not entitle the appellants to get benefit. He would submit th
Bail may be granted after 10 years of incarceration unless extenuating circumstances exist, as established by Supreme Court precedents.
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....
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....
The court may suspend a sentence if the appellant has served over 10 years and there are no extenuating circumstances for denial of bail.
Life convicts who have served over 10 years may be granted bail pending appeal unless there are extenuating circumstances for denial.
Long-term custody without appeal hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Suspension of sentence and bail may be granted if the applicant has served more than half of a fixed term sentence and the appeal is unlikely to be heard before the sentence is completed.
Prolonged incarceration without imminent appeal hearing justifies suspension of sentence, aligning with Supreme Court directives on bail for long-term convicts.
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.
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