Back
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 :
1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 13.09.2019 passed by the learned Additional Session Judge No.3, Udaipur in Sessions Case No.27/2016 :
| 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 | ||
2. The first application for suspension of sentence filed by the applicant-appellant was dismissed vide order dated 10.11.2021.
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.
4.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
