HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
SALMAN KHAN @ KALU – 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, she clearly mentioned that she roamed with the appellant at so many places 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.
3. Therefore, the sentence may kindly be suspended.
4. Learned Assistant to Addl. Advocate General opposed the prayer made by the counsel for the appellant.
5. 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.
6. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. (430 BNSS) is allowed and it is ordered that the sentence in the judgment date
The court may suspend a sentence if the appellant was on bail during trial and significant contradictions exist in the victim's statement.
Suspension of sentence granted based on contradictions in victim's statement and appellant's prior bail status.
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 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.
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 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 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 may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
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