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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Resham Khan – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. Heard.
2. Admit. Learned Additional Advocate General accepts notice on behalf of respondent No.1- State. Issue notice to respondent No.2, returnable within eight weeks.
3. Heard learned counsel for the petitioner and learned Additional Advocate General on application for suspension of sentence No.79/2025.
4. Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case including the fact that the petitioner was on bail during the trial, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner.
5. Accordingly, the application for suspension of sentence filed under Section 438 B.N.S.S. (Section 397(1) Cr.P.C.) is allowed and it is ordered that the substantive sentences passed by the learned Judicial Additional Chief Judicial Magistrate No.04, Jodhpur Metropolitan in Criminal Case No.81/2012 (102/2017) vide order dated 21.09.2024 as affirmed by the learned Additional Sessions Judge No.4, Jodhpur Metropolitan vide order dated 28.01.2025 in Crl. Appeal No.413/2024 (NCV No.413/2024) against the petitioner- applicant- Resham Khan S/o Shri Mubr
The court may suspend a substantive sentence when the accused was on bail during trial, subject to conditions ensuring compliance with bail requirements.
The court may suspend a sentence and grant bail under specific conditions, emphasizing the importance of compliance with bail terms.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances, subject to specific conditions.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances and arguments presented.
The court may suspend a sentence if the petitioner meets certain conditions, including prior bail status and compliance with legal obligations.
The court may suspend a sentence pending appeal if the appellants are on bail and there is no imminent hearing.
The court may suspend a sentence pending appeal under Section 389 of the Code of Criminal Procedure, considering the case's circumstances and the need for accountability through bail conditions.
Suspension of sentence granted due to prior bail status and expected duration of revision petition, subject to conditions for appearance.
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
Suspension of sentence is warranted when the accused were on bail during trial, the contraband is below commercial quantity, and the appeal process is expected to take time.
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