HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
MANGALA RAM – Appellant
Versus
RAJEEV – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
2. This is second application for suspension of sentence.
3. Learned counsel for the petitioner(s) submits that petitioner has surrendered before the concerned trial court and now he is in custody since 11.02.2025 and there is no chance of hearing of the revision in near future, therefore, the substantive sentence of the petitioner(s) may be suspended and he may be released on bail.
4. Learned Public Prosecutor has opposed the second application for suspension of sentence.
5. Upon a consideration of the arguments advanced on behalf of the petitioner(s) and having regard to the facts and circumstances of the case including the fact that there is no chance of hearing of the revision in near future, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner(s).
6. Accordingly, the second application for suspension of sentence filed under Section 438 (1) BNSS is allowed and it is ordered that the substantive sentences passed by learned Additional Chief Judicial Magistrate, Bhinmal, District
The court may suspend a substantive sentence if there is no timely hearing of the revision application, ensuring the accused's rights are protected during prolonged custody.
The court may suspend a substantive sentence if there are no immediate prospects for hearing a revision, subject to specific bail conditions.
The court may suspend a substantive sentence if there is no imminent hearing date for the revision, subject to specific bail conditions.
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 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 the accused was on bail during trial, subject to conditions.
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
Suspension of sentence is warranted when petitioners are on bail during trial and there is no immediate hearing for the appeal.
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 the accused are on bail and the appeal process is expected to take a significant amount of time.
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