HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
ARVIND KUMAR @ SUKHA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Heard learned counsel for the appellant and learned Additional Advocate General. Perused the material available on record.
2. 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 recovered contraband is below commercial quantity and the appellant was on bail during the trial and 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.
3. Learned Additional Advocate General has opposed the prayer made by the counsel for the appellant.
4. Accordingly, the application for suspension of sentence filed under Section 430 (2) B.N.S.S. (389 of Cr.P.C .) is allowed and it is ordered that the sentence passed by learned Special Judge, N.D.P.S. Act Cases, Sriganganagar, vide judgment dated 21.02.2025 in Special Sessions Case No.37/2019 against the appellant-applicant– Arvind Kumar @ Sukha S/o Vedprakash Bishnoi, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.2,00,0
Suspension of sentence is justified when the contraband is below commercial quantity and the appellant was on bail during trial.
Suspension of sentence justified when appellant on bail during trial and contraband is below commercial quantity, emphasizing lengthy appeal process.
The court may suspend a sentence if the accused demonstrates that the contraband is below commercial quantity and was on bail during trial.
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 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 allowed the suspension of sentence pending appeal based on the absence of custody and prior temporary suspension, imposing conditions for bail.
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.
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.
The court may suspend a sentence and grant bail under specific conditions, emphasizing the importance of compliance with bail terms.
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