HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE PRAMIL KUMAR MATHUR, JJ
Sharukh Khan Son of Abeeb Khan @ Habeen Khan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This suspension of sentence application has been filed by the present accused-applicant along with the appeal.
2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been sentenced to undergo life imprisonment for the offence under Section 376 (2) (n) of the Indian Penal Code , 1860.
3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicant was on bail during trial and presently, he is confined in Jail. He further submits that the accused-applicant has been falsely implicated in this matter. He further submits that the prosecutrix is a lady aged about 21 years and the FIR in this matter has been lodged after a delay of 9 days. He further submits that the accused-applicant and the prosecutrix have solemnized the marriage and thereafter the prosecutrix has also filed a divorce petition in the Family Court, at New Delhi Ex.(P- 22). He further submits that the hearing/disposal of appeal is likely to take long time. Therefore, he prayed that sentence awarded to the accused-applicant may be suspended and the accused-applicant be released on bail
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.
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 allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
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 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.
Suspension of sentence – Sentence can be suspended where offence has element of love affair.
Suspension of sentence is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.
In cases where a person has served more than ten years of imprisonment, bail may be granted unless there are extenuating circumstances.
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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