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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
INDERJEET SINGH, BHUWAN GOYAL, JJ
LAKHANLAL S/O BHAROSI – Appellant
Versus
STATE OF RAJASHTAN – Respondent
SOSA / 2356 / 2024
Order :
1. This suspension of sentence application has been filed by the accused-applicant along with the appeal.
2. Learned counsel appearing on behalf of the accused- applicants submits that the accused-applicants have been convicted for the offences under Sections 341, 325, 323 , 302 read with Section 34 of Indian Penal Code , 1860.
3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicants were on bail during trial and at present, they are confined in District Jail, Dausa. He further submits that the accused-applicants have been falsely implicated in this matter. He further submits that the head injury on the person of deceased has been caused by co-accused Pitram. He further submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused- applicants may be suspended and they be released on bail during the pendency of the appeal.
4. Learned Additional Government Advocate has opposed the application for suspension of sentence.
5. We have heard learned counsel for the parties and perused the record.
6. Considering the arguments advanced by the learned counsel for the parties and taking into account the facts and circumstances of the present case and also considering the facts that the head injury on the person of deceased has been caused by co-accused Pitram and the accused-applicants were on bail during trial, without expressing any opinion on merits of the case, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application.
7. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicants shall remain suspended during the pendency of the criminal appeal and the accused-applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 24.03.2025 and thereafter as and when called upon to do so.
8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance.
The court allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
The court can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.
Suspension of sentence is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.
Suspension of sentence is justified when the accused shows circumstances such as prior bail status, marriage to the prosecutrix, and delays in FIR filing, indicating a potential for prolonged appeal.
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.
Suspension of sentence granted based on the nature of allegations and circumstances of a free fight, allowing accused-applicants to appeal while on bail.
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