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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
RAJESH KUMAR NAGDA @ RAJU – Appellant
Versus
YOGESH NAGDA – Respondent
Order :
1. Heard.
2. Admit.
3. Issue notice.
4. Learned Asst. to Addl. Advocate General accepts notice on behalf of respondent No.2-State. Thus, notice be issued to the respondent No.1, returnable within eight weeks.
5. Call for record.
6. Heard learned counsel for the petitioner and learned Asst. to Addl. Advocate General on application for suspension of sentence No.53/2025.
7. Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner.
8. Accordingly, the application for suspension of sentence filed under Section 438/442 BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Special Judicial Magistrate (NI Act Cases) No.6, Udaipur, in Criminal Case No.1486/2018 vide order dated 12.01.2024 as affirmed by the Learned Special Judge (SC/ST Cases) Udaipur vide order dated 20.11.2024 in Cr. Appeal No.39/2024 against the petitioner- applicant Rajesh Kumar Nagda @ Raju S/o Shri Radheyshyam Ji shall remain suspended, till final disposal of the aforesaid revision and
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances and arguments presented.
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 sentence if the petitioner meets certain conditions, including prior bail status and compliance with legal obligations.
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 sentence pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.
The court may suspend a sentence and grant bail under specific conditions, emphasizing the importance of compliance with bail terms.
The court may suspend a sentence if the accused was on bail during trial and if the appeal is unlikely to be heard soon.
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
The court may suspend a sentence pending appeal if the appellant was previously on bail and the appeal process is expected to be lengthy.
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