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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DINESH MEHTA, VINIT KUMAR MATHUR, JJ
Deva Ram – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 24.07.2018 passed by the learned Special Judge, SC/ST Act, Cases Merta in Sessions Case No. 78/2014:-
| S.No | Offence | Sentence | Fine |
| 1. | 341 IPC | One Year S.I. | Rs. 5,00/- and in default of which to further undergo ten days’ additional S.I. |
| 2. | 302 IPC | Life Imprisonment | Rs. 25,000/- and in default of which to further undergo three months' additional S.I. |
2. The appellant-applicant has preferred the present second application for suspension of sentence under Section 389 of Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C’) for suspension of sentence during the pendency of the appeal and for release on bail.
3. The first application for suspension of sentence (D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.909/2018) was dismissed by this Court vide order dated 24.01.2019.
4. Mr. Gill, learned Counsel for the appellant-applicant submits that the appellant-applicant has preferred the present application on the solitary ground that he has already undergone sentence of more than 10 years and there is no likelihood of appeal being taken up for hearing in near future
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.
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Long-term custody without appeal hearing and absence of aggravating circumstances justify suspension of sentence and grant of 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....
Life convicts who have served over 10 years may be granted bail pending appeal unless there are extenuating circumstances for denial.
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....
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.
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