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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
Dinesh Kumar Gurjar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(MANOJ KUMAR GARG, J.)
The instant application for temporary suspension of sentence under Section 430 B.N.S.S. (389 Cr.P.C.) has been filed by the petitioner.
2. The allegation against the petitioner is of offence punishable under Section 376(2)(f) of IPC and Sections 3(2)(V) & 3(1)(W)(I)of SC/ST Act.
3. Learned counsel for the petitioner submits that the petitioner is a Ph.D. scholar and a meeting of the Departmental Research Committee (DRC) is going to be held on 20.02.2025 and being a research scholar it is very necessary for the petitioner to attend the meeting. In these circumstances, the petitioner may be granted temporary bail for a period of ten days.
4. Learned Addl. G.A. has opposed the prayer made by learned counsel for the petitioner.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Having regard to overall facts and circumstances of the case, I deem it just and proper to release the petitioner on interim bail till 27.02.2025 from the date of his actual release.
7. Accordingly, the application for temporary suspension of sentence filed under Section 430 B.N.S.S. (389 Cr.P.C.) is allowed and it is ordered that the sentences
Temporary bail may be granted under specific circumstances, provided conditions are imposed to ensure compliance with surrender requirements.
Temporary suspension of sentence granted due to the appellant's severe health condition, subject to bail conditions and assurance of surrender.
Temporary bail can be granted for significant family events, subject to compliance with specific conditions.
Temporary suspension of sentence granted to allow the petitioner to attend his brother's marriage, balancing personal obligations against the seriousness of the charges.
The court allowed the suspension of sentence under Section 14-A(2) of the SC/ST Act, emphasizing the need for a balance between the rights of the accused and justice.
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 is warranted when petitioners are on bail during trial and there is no immediate hearing for the appeal.
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 the accused are on bail and the appeal process is expected to take a significant amount of time.
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