HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Harji Ram – Appellant
Versus
State Of Rajasthan – Respondent
Order :
Heard.
2. Admit. Issue Notice.
3. Learned AAG accepts notice on behalf of respondent - State.
4. Call for record.
5. Heard on application for suspension of sentence.
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 the appellant(s) were on bail during the trial and the recovered contraband is below commercial quantity and also taking into consideration 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 389 Cr.P.C . [Section 430 BNSS] is allowed and it is ordered that the sentence passed by the learned Special Judge (Additional Sessions Judge No.1), NDPS Act Cases, Parbatsar, District Deedwana-Kuchaman vide judgment dated 27.02.2025 in Sessions Case No.53/2016 against the appellant-applicant(s) – 1. Harji Ram S/o Madhu Ram and 2. Rajendra S/o Mangi Lal shall remain suspended till final disposal of the appeal and he/ she/they shall be released on bail provided he/she
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.
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 similarity with co-accused cases and potential delays in appeal.
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.
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 the appellants are on bail and there is no imminent hearing.
The court may suspend a sentence pending appeal if justified by the circumstances, subject to compliance with specified bail conditions.
Suspension of sentence granted due to contraband being below commercial quantity and appellants' prior bail status, with conditions for bail and appearance.
The court ruled that a sentence may be suspended if the recovered contraband is below commercial quantity and the appellant was on bail during the trial.
Suspension of sentence is justified when the contraband is below commercial quantity and the appellant was on bail during trial.
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