HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
SURESH GIRI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1.Heard.
2. Admit. Call for record.
3. Issue notice.
4. Learned Asst. to Addl. Advocate General accepts notice on behalf of respondent No.1. Thus, notice be issued to respondent No.2, returnable within eight weeks.
5. Heard learned counsel for the petitioner and learned Asst. to Addl. Advocate General on application for suspension of sentence No.78/2025.
6. Learned counsel for the petitioner submits that petitioner has been in custody and hearing of the petition will take sufficient long time.
7. 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 sentence awarded to the accused petitioner.
8. Accordingly, the application for suspension of sentence filed under Section 438/442 BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Judicial Magistrate Gangrar, District Chittorgarh, in Criminal Regular Case No.06/2021 vide order dated 08.04.2024 as affirmed by the Learned Addl. District & Sessions Judge No.2, Chittorgarh, vide order dated 29.01.2025 in Cr. Appeal No.62/2024 against
The court may suspend a sentence pending appeal when warranted by circumstances, requiring compliance with specific 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 the accused was on bail during trial and if the appeal is unlikely to be heard soon.
Suspension of sentence granted pending revision due to prior bail status and expected duration of hearing, subject to conditions.
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 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 pending appeal if justified by the case's circumstances, subject to specific conditions.
Suspension of sentence granted due to prior bail status and expected duration of revision petition, subject to conditions for appearance.
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 substantive sentence pending appeal if justified by the case's circumstances and arguments presented.
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