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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
HIRIYA @ HIRALAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Heard.
2. Admit.
3. Issue notice.
4. Learned Addl. Advocate General accepts notice on behalf of sole respondent.
5. Call for record.
6. Heard on application of suspension of sentence No.306/2025.
7. Learned counsel for the appellant submits that the appellant was on bail and the sentence has already been suspended by the trial Court for a period of one month.
8. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, the appellant was on bail during and the sentence has already been suspended by the trial court for a period of one month and hearing of the appeal will take sufficient long time, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
9. Accordingly, the application for suspension of sentence filed under Section 430 BNSS is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Cases, Sagwara, District Dungarpur, vide judgment dated 18.01.2025 in Sessions Case No.22/2022 (CIS No.22/2022) against the appellant-applicant Hiriya @ Hiralal S/o Padiya shall remain suspended till final disposal of the afor
The court may suspend a sentence pending appeal if the appellant was previously on bail and the appeal process is expected to be lengthy.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
The court may suspend a sentence pending appeal if justified by the circumstances, subject to compliance with specified bail conditions.
The court allowed the suspension of sentence pending appeal based on the absence of custody and prior temporary suspension, imposing conditions for bail.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances, subject to specific conditions.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances and arguments presented.
The court may suspend a sentence if the petitioner meets certain conditions, including prior bail status and compliance with legal obligations.
Suspension of sentence justified when appellant on bail during trial and contraband is below commercial quantity, emphasizing lengthy appeal process.
The court may suspend a sentence pending appeal if justified by circumstances, requiring compliance with specific bail conditions.
The court may suspend a sentence if the appellant was on bail during trial and there is no imminent hearing of the appeal.
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