HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Hitesh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1.Heard learned counsel for the appellant and learned Additional Advocate General. Perused the material available on record.
2.Learned counsel for the appellant submits that the Prosecutrix admitted in her statement recorded under Section 164 Cr.P.C. (Ex.4), that she went along with the appellant with her own free will and she was examined before the trial court as PW-1, in which she clearly mentioned that she resided with the appellant for about seven days and in her cross-examination also, she also admits that previous to this incident, she ran away along with the appellant with her own free will. He further submits that the accused-appellant is inside judicial custody and hearing of the appeal is likely to take some time, therefore his sentence may be suspended.
3. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the fact that the appellant was on bail during the trial and hearing of the appeal will likely take time, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
4. Learned Additional Advocate Ge
The court may suspend a sentence if the accused is in custody and the appeal process is likely to take time, emphasizing the need for conditions to ensure appearance.
Suspension of sentence granted based on contradictions in victim's statement and appellant's prior bail status.
Suspension of sentence granted based on contradictions in the victim's statement and the appellant's prior bail status.
The court may suspend a sentence if the appellant was on bail during trial and significant contradictions exist in the victim's statement.
The court ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
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 sentence if the appellant was on bail during trial and there is no imminent hearing of the appeal.
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.
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 sentence if the accused was on bail during trial and if the appeal is unlikely to be heard soon.
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