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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE CHANDRA PRAKASH SHRIMALI, JJ
SANDEEO JAISWAL @ AALU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 09.12.2019 passed by the learned Additional Session Judge No.2, Jodhpur Metro, in Sessions Case No.14/2015:
| Offence | Sentence | Fine |
| 302 IPC | Life Imprisonment | Rs.10,000/- and in default of which to further undergo six months’ R.I. |
| 120-B of IPC | Life Imprisonment | Rs.10,000/- and in default of which to further undergo six months’ R.I. |
| 404 of IPC | 03 Years R.I. | Rs.5,000/- and in default of which to further undergo two months’ R.I. |
| 4/25 of Arms Act | 03 Years of R.I. | Rs.5,000/- and in default of which to further undergo two months’ R.I. |
2. The appellant-applicant has preferred the application for suspension of sentence under Section 389 Cr.P.C. for suspension of sentences during the pendency of the appeal and for release on bail.
3. The plea raised by learned counsel for the appellant- applicant is that the applicant has undergone a sentence of 10 years, 02 months and 22 days (as per the report furnished by learned Public Prosecutor) and there is no chance of hearing of the appeal in near future, thus, in view of the directions of the Hon’ble Supreme Court dated 15.09.2022 in Sonadhar v. The State of Chhatt
Life convicts who have served over 10 years may be granted bail pending appeal unless there are extenuating circumstances for denial.
Prolonged incarceration without imminent appeal hearing justifies suspension of sentence, aligning with Supreme Court directives on bail for long-term convicts.
A convict who has served substantial time in custody may have their sentence suspended pending appeal if no extenuating circumstances exist against such bail.
The court may suspend a sentence if the appellant has served over 10 years and there are no extenuating circumstances for denial of bail.
The court applied the legal principle that when a convict has served a substantial portion of the sentence and there is no likelihood of appeal hearing in the near future, the substantive sentence ca....
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Long-term convicts may be granted bail pending appeal if they have served over 10 years without compelling reasons for denial, as established in prior Supreme Court rulings.
Long-term custody without appeal hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Life convicts with no criminal antecedents and prolonged incarceration may be granted bail pending appeal unless compelling reasons for denial exist.
The main legal point established in the judgment is the consideration of suspension of sentence and bail for persons who have completed 10 years of sentence and whose appeal is not in proximity of he....
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