HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
SHAMBHU LAL – 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.
5. Heard on application of suspension of sentence No.340/2025.
6. Learned counsel for the appellant submits that the recovered contraband is below commercial quantity and the appellant was on bail during the trial and hearing of the appeal will take sufficient long time, therefore, the sentence may kindly 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, the appellant was on bail during the trial and hearing of the appeal will take sufficient long time, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
8. Accordingly, the application for suspension of sentence filed under Section 430 BNSS is allowed and it is ordered that the sentence passed by the learned Special Judge NDPS Cases, Bhilwara, vide judgment dated 12.02.2025 in Sessions Case No.43/2018 against the appellant-applicant Shambhu Lal S/o Nanda shall remain suspended till final disposal of the aforesaid appeal and he wi
The court may suspend a sentence if the accused demonstrates that the contraband is below commercial quantity and was on bail during trial.
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.
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.
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....
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 is warranted when petitioners are on bail during trial and there is no immediate hearing for the appeal.
Suspension of sentence is justified when the contraband is below commercial quantity and the appellant was on bail during trial.
Suspension of sentence granted due to contraband being below commercial quantity and appellants' prior bail status, with conditions for bail and appearance.
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.
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