HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
BHANWARLAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1.Heard.
2. Admit. Issue Notice.
3. Learned Public Prosecutor accepts notice on behalf of respondent - State.
4. Call for record.
5. Heard on application for suspension of sentence No.443/2025.
6. Upon a consideration of the arguments advanced by the appellant(s) and having regard to the facts and circumstances of the case including the fact that hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant(s).
7. Accordingly, the application for suspension of sentence filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act is allowed and it is ordered that the sentence passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, District Chittorgarh vide judgment dated 18.02.2025 in Sessions Case No.162/2015 (41/2019) against the appellant-applicant(s) – 1. Bhanwarlal S/o Sukhdev, 2. Udailal S/o Khema, 3. Smt. Bali W/o Bhanwarlal, 4. Smt. Ratni W/o Narayan, 5. Smt. Udi W/o Mohan, 6. Laxman S/o Bhanwarlal, 7. Ladu S/o Bhagwan Lal, 8. Ratan Lal S/o Mangilal, 9. Mangi Lal S/o Heeraand 10. Bhagwan Lal S/o Mangu shall remain sus
The court allowed the suspension of sentence under Section 14-A(2) of the SC/ST Act, emphasizing the need for a balance between the rights of the accused and justice.
Suspension of sentence under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.
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 appellant was on bail during trial and there is no imminent hearing of 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.
The court ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
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 pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.
The court established that a substantive sentence can be suspended pending appeal if the accused complies with conditions ensuring their appearance in court.
Suspension of sentence granted pending revision due to prior bail status and expected duration of hearing, subject to conditions.
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