HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
PRAVEEN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(MANOJ KUMAR GARG, J.)
Heard learned counsel for the appellant as well as learned AAG and perused the material available on record.
2. Counsel for the appellant submits that according to the suicide note, Sonam willfully committed suicide and no allegation has been levelled against the accused-appellant. The appellant was on bail during the trial and there is no chance of hearing of the appeal in near future, therefore, the sentence of the appellant may be suspended and he may be released on bail.
3. Learned AAG has opposed the prayer made by the counsel for the appellant.
4. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant was on bail during the trial and there is no chance of hearing of the appeal in near future, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
5. Accordingly, the application for suspension of sentence filed under Section 430 of BNSS (389 Cr.P.C.) is allowed and it is ordered that the sentence passed by the learned Additional Session Judge (Women Atrocity Cases), Bhilwara, vi
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 if the accused are on bail and the appeal process is expected to take a significant amount of time.
Suspension of sentence is warranted when petitioners are on bail during trial and there is no immediate hearing for the appeal.
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 accused was on bail during trial and if the appeal is unlikely to be heard soon.
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 sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
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 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.
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