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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
LAKHVEER SINGH @ LAKHA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Heard learned counsel for the appellants as well as learned AAG and perused the material available on record.
2. Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case including the facts that the appellants were on bail during the trial and there is no chance of hearing of the present appeal in near future, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellants.
3. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C . is allowed and it is ordered that the sentence passed by the learned Special Judge (NDPS Cases) (Addl. Sessions Judge No.1), Nohar, District Hanumangarh, vide judgment dated 24.08.2023 in Sessions (CIS) Case No.54/2016 against the applicants (1) Lakhveer Singh @ Lakha S/o Shri Resham Singh & (2) Satpal Singh @ Sata S/o Shri Darshan Singh, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each (One surety shall be given by the l
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 if the appellants are on bail during trial and if there is a likelihood of delay in hearing the appeal.
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 under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.
Suspension of sentence granted due to similarity with co-accused cases and potential delays in appeal.
The court may suspend a sentence if the appellant is on bail during trial and there is no immediate hearing of the appeal, subject to compliance with certain conditions.
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.
Suspension of sentence under Section 389 Cr.P.C. is justified when the appeal's hearing is likely to take time, subject to compliance with specified bail conditions.
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 if the accused are on bail and the appeal process is expected to take a significant amount of time.
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