HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
YUSUF KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1.Heard learned counsel for the petitioner as well as learned Asst. to Addl. Advocate General on application for suspension of sentence No.67/2025.
2. Learned counsel for the petitioner submits that the petitioner was on bail during the trial and hearing of the revision will take sufficient long time, therefore, the sentence of the petitioner may kindly be suspended.
3. Upon a consideration of the arguments advanced on behalf of the petitioner 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 substantive sentence awarded to the accused petitioner.
4. Accordingly, the application for suspension of sentence filed under Section 438 BNSS is allowed and it is ordered that the substantive sentences passed by learned Judicial Magistrate, Deedwana in Criminal Original Case No.40/1988 vide order dated 05.10.2017 as affirmed by the learned Addl. Sessions Judge Deedwana vide order dated 13.02.2025 in Criminal Appeal No.50/2017 against the petitioner-applicant Yusuf Khan S/o Shri Peeru Khan shall remain suspended till final disposal of the aforesaid revision subject to the condition that t
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
Suspension of sentence granted due to prior bail status and expected duration of revision petition, subject to conditions for appearance.
The court may suspend a substantive sentence pending appeal if the accused was on bail during trial, subject to conditions.
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 granted pending revision due to prior bail status and expected duration of hearing, subject to conditions.
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 may suspend a substantive sentence if there are no immediate prospects for hearing a revision, subject to specific bail conditions.
The court may suspend a substantive sentence if there is no imminent hearing date for the revision, subject to specific bail conditions.
The court may suspend a sentence pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.
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