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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE BHUWAN GOYAL, JJ
MANOHARI S/O GHAMMAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. These suspension of sentence applications have been filed by the applicants along with the appeals.
2. Counsel for the applicants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicants were on bail and the sentence of life imprisonment has been awarded to the applicants under Section 302/149 of IPC and they are in judicial custody at District Jail, Dausa. He further submits that the applicants have been falsely implicated in these matters. He further submits that both the cases are of free fight and from both the sides the cross FIR was lodged in the Police Station against each other. He further submits that there are contradictions between the statements of Doctors who examined the injured persons as well as deceased and Doctor who conducted the post-martem and in both the appeals, applicants in main case as well as in cross case belong to the same family and dispute with regard to land is pending in the Revenue Courts and hearing of appeals may take long time and prayed that sentence awarded to the applicants may be suspended and they be released on bail during the pendency of the appeals.
3. Le
Suspension of sentence is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.
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 granted based on the nature of allegations and circumstances of a free fight, allowing accused-applicants to appeal while on bail.
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.
Suspension of sentence justified due to delays in appeal process and circumstances surrounding eyewitness testimonies.
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 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.
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