HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
ALI ASHRAF ANSARI @ CHHOTAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Heard learned counsel for the parties and perused the material available on record.
2. Counsel for the appellant submits that according to the statement of victim (PW-2), she went with the appellant out of her own free will and resided with him. Counsel submits that presently both the victim and the appellant are residing together. Moreover, the appellant was on bail during the trial and there is no chance of hearing of the appeal in near future. In these circumstances, it is prayed that the sentence of the appellant may be suspended and he may be released on bail.
3. Learned AAG and counsel for respondent No.2 have opposed the application for suspension of sentence.
4. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant was on bail during the trial and there is no chance of hearing of the appeal in near future, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
5. Accordingly, the application for suspension of sentence filed under Section 389 of Cr.P.C. is allowed and it is ordered that the sen
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.
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.
Suspension of sentence granted due to similarity with co-accused cases and potential delays in 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.
The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
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.
Suspension of sentence under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.
The court may suspend a sentence pending appeal if justified by circumstances, requiring compliance with specific bail conditions.
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