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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
INDERJEET SINGH, BHUWAN GOYAL, JJ
RINKU S/O SHRI PRAHLAD – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. These suspension of sentence applications have been filed by the accused-applicants along with the appeal.
2. Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been convicted and sentenced to undergo life imprisonment for the offence under Section 302/34 of IPC .
3. Counsel for the accused-applicants have annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicants are in judicial custody. Counsel further submits that the accused-applicants have been falsely implicated in this matter. Counsel further submits that the case-in- hand is based on circumstantial evidence and no motive has been established by the prosecution. Counsel further submits that last seen witnesses have been declared hostile during trial. Counsel further submits that the investigating agency has recovered weapon of offence i.e. lathi on the information provided by the accused-applicants and no blood stains were found on the said lathi and while sending the same to FSL, police has sent iron rods instead of lathi to FSL. Counsel further submits that trial Court has disbelieved evidence of pendrive submitted b
Suspension of sentence granted based on lack of credible evidence and time served, allowing accused-applicants bail pending appeal.
The court can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.
The court granted suspension of sentence based on the duration of custody and issues with eyewitness credibility, emphasizing the need for strong evidence in ongoing appeals.
The court allows suspension of sentence for a juvenile convicted under Section 302 IPC, emphasizing the reliance on circumstantial evidence and the lengthy appeal process.
The court may suspend a sentence pending appeal if circumstances warrant, particularly considering the delay in hearing the appeal and the accused's custody status.
Suspension of sentence justified due to delays in appeal process and circumstances surrounding eyewitness testimonies.
The court allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
Suspension of sentence is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.
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