HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG, J
Banshilal – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. Heard.
2. Admit. Issue Notice.
3. Learned AAG accepts notice on behalf of respondent No.1 -State.
4. Issue notice to respondent No.2, returnable within eight weeks.
5. Call for record.
6. Heard on application for suspension of sentence.
7. 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 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).
8. 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 Additional Sessions Judge, No.2, District Chittorgarh vide judgment dated 21.02.2025 in Sessions Case No.153/2017 against the appellant- applicant(s) – 1. Banshilal S/o Babulal Bawri, 2. Santosh W/ o Banshilal Bawri and 3. Prakash S/o Sajjan Bawri shall remain suspended till final disposal of the appeal and he/she/they shall be released on bail provided he/she/they executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000
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 justified when the appeal's hearing is likely to take time, subject to compliance with specified bail conditions.
Suspension of sentence granted due to similarity with co-accused cases and potential delays in appeal.
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 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 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.
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 and grant bail under specific conditions, emphasizing the importance of compliance with bail terms.
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