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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE PRAMIL KUMAR MATHUR, JJ
JUVENILE GI SON OF KISHAN SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
SOSA / 2290 / 2024
ORDER :
1. This suspension of sentence application has been filed by the applicant along with the appeal.
2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicant was on bail and the sentence of life imprisonment has been awarded to the applicant under Section 302 of IPC and he is in judicial custody at Central Jail Sewar, Bharatpur. He further submits that the applicant has been falsely implicated in this matter. He further submits that at the time of incident the accused-applicant as well as deceased both were juvenile. He further submits that no CCTV footage were collected by the Investigating agency during investigation and the case rests on circumstantial evidence. He further submits that the hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal.
3. Learned Additional Government Advocate assisted by counsel for the complainant opposed the suspension of sentence application.
4. We have heard counsel for the parties and perused the material available on record.
5. Considering the facts and circumstances of the present case and also considering the fact that the applicant as well as deceased both were juvenile at the of incident and the applicant was on bail during trial and the case rests on circumstantial evidence and the hearing of appeal may take long time, We deem it just and proper to allow this criminal miscellaneous suspension of sentence application.
6. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 04.04.2025 and thereafter as and when called upon to do so.
7. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance.
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 can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.
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.
Suspension of sentence justified due to delays in appeal process and circumstances surrounding eyewitness testimonies.
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 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 is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.
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