HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
RAJU – 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 as per the report, only one injury is found to be grievous in nature and remaining all injuries are simple in nature. The appellant has been in custody since 27.04.2022 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 has been in custody since 27.04.2022, 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. (430(2) BNSS) is allowed and it is ordered that the sentence in the judgment dated 20.11.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Pali, in Sessions
The court ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending 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.
Suspension of sentence granted based on contradictions in the victim's statement and the appellant's prior bail status.
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 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 there is no imminent hearing of 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 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 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.
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