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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, MR. JUSTICE SAMEER JAIN, JJ
HAMEERA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
| Table of Content |
|---|
| 1. opposition to application for suspension (Para 6) |
| 2. considered the submissions (Para 7) |
| 3. no possibility of hearing (Para 8) |
| 4. directions issued by supreme court (Para 9 , 11 , 14) |
| 5. observations made regarding grant of bail (Para 10) |
| 6. suspension of sentence granted (Para 12) |
| 7. application for suspension allowed (Para 13) |
Order :
| Offence | Sentence | Fine |
| 447 IPC | 03 months SI | Rs.500/- in default of payment of fine, further undergo 5 days Addl.S.I. |
| 302/34 IPC | Life Imprisonment | Rs.50,000/- in default of payment of fine, further undergo 10 months Addl.S.I.- |
| Both the sentences were ordered to run concurrently | ||
3. The appellant-applicant has preferred this second application under Section 389 Cr.P.C. seeking suspension of sentence during the pendency of the appeal and for release on bail on the ground that petitioner has remained in custody for more than 10 years.
5. Learned counsel argued that no reasons and / or aggravating circumstances exist for denial of bail to the applicant while placing reliance on the order dated 05.10.2021 of Hon’ble The Supreme Court in Saudan Singh v. The State of Uttar Pradesh : SLP (Crl.) No.4633/2021. He read the relevant part/observations made therein
Long-term custody without appeal hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
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.
The court may suspend a sentence if the appellant has served over 10 years and there are no extenuating circumstances for denial of bail.
Prolonged incarceration without imminent appeal hearing justifies suspension of sentence, aligning with Supreme Court directives on bail for long-term convicts.
Life convicts who have served over 10 years may be granted bail pending appeal unless there are extenuating circumstances for denial.
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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