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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
JITENDRA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(MANOJ KUMAR GARG, J.)
Heard learned counsel for the appellant as well as learned Assistant to Addl. Advocate General and perused the material available on record.
2. Learned counsel for the appellant submits that according to the statement of victim, recorded under Section 161 Cr.P.C., she clearly mentioned that appellant did not commit rape with her and she went alongwith the appellant at Ahmedabad and during this period she did not raise any hue and cry and there are major contradictions, improvements and omission in her statement. The appellant was on bail during the trial and hearing of the appeal will take sufficient long time. Therefore, the sentence may kindly be suspended.
3. Learned Assistant to Addl. Advocate General 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, the appellant was on bail during the trial, therefore, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant.
5. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. (4
Suspension of sentence granted based on contradictions in the victim's statement and the appellant's prior bail status.
Suspension of sentence granted based on contradictions in victim's statement and appellant's prior bail status.
The court may suspend a sentence if the appellant was on bail during trial and significant contradictions exist in the victim's statement.
The court may suspend a sentence if the accused is in custody and the appeal process is likely to take time, emphasizing the need for conditions to ensure appearance.
The court ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
The court may suspend a sentence if the appellant was on bail during trial and there is no imminent hearing of the appeal.
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 the accused are on bail and the appeal process is expected to take a significant amount of time.
The court established that under Section 389 Cr.P.C., a convicted individual may have their sentence suspended if there are substantial grounds for appeal.
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