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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE PRAMIL KUMAR MATHUR, JJ
Rajendra S/O Chatra – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. These suspension of sentence applications have been filed by the accused-applicants along with the appeal(s).
2. Counsels appearing on behalf of the accused-applicants submit that the accused-applicants have been convicted and sentenced to undergo life imprisonment for the offence under Section 302 of IPC read with Section 149 thereof.
3. Counsels for the accused-applicants have annexed the certificate(s) under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicants are in judicial custody. Counsels further submit that eyewitness-PW5, who is wife of the deceased, has admitted in her cross-examination that when she reached at the spot on motorcycle along with her son, the deceased had already died and the body of the deceased was lying there. Counsels further submit that another eyewitness namely Budhi Prakash has been declared hostile by the Trial Court. Counsels further submit that all the applicants were on bail during trial and the appeal(s) is not likely to be heard in near future. Therefore, they prayed that sentence awarded to the accused- applicants may be suspended and the accused-applicants be released on bail during the pendency of the
Suspension of sentence justified due to delays in appeal process and circumstances surrounding eyewitness testimonies.
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.
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 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 allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
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.
Suspension of sentence is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.
Suspension of sentence is justified when the appeal process is delayed significantly and key witness credibility is in question.
The court granted suspension of sentence based on the duration of custody and issues with eyewitness credibility, emphasizing the need for strong evidence in ongoing appeals.
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