HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
NAGENDRA SINGH – Appellant
Versus
STATE OF RAAJSTHAN – Respondent
Judgment :
1. Heard learned counsel for the parties and perused the material available on record.
2. Learned counsel for the appellants submits that the appellants were on bail during the trial and hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellants may be suspended.
3. Learned Public Prosecutor opposed the prayer for suspension of sentence.
4. Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case including the facts that the appellants were on bail during the trial and hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellants.
5. Accordingly, the application for suspension of sentence filed under Section 430 BNSS (Section 389 Cr.P.C.) is allowed and it is ordered that the sentence passed by learned Additional Session Judge, Begun, District Chittorgarh vide judgment dated 17.01.2025 in Session Case No.32/2024 against the appellant- applicants – 1. Nagendra Singh S/o Dev Sudarshan Singh, 2. Bhuralal S/o Girdhari Lal and 3. Bherulal S/o Ghisalal shall r
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 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 if the appellant was on bail during trial and there is no imminent hearing of the appeal.
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 pending appeal if justified by the circumstances, subject to compliance with specified bail conditions.
Suspension of sentence under Section 389 Cr.P.C. is warranted when appellants were on bail during trial and appeal hearing is not imminent.
The court may suspend a substantive sentence and grant bail if there is no imminent hearing for the revision application, ensuring fair treatment of the accused.
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 has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
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