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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
JAIPRAKASH @ KALU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
1. Heard.
2. Admit. Issue Notice.
3. Learned AAG accepts notice on behalf of respondent - State.
4. Call for record.
5. Heard on application for suspension of sentence No.337/2025.
6. Upon a consideration of the arguments advanced by the appellant(s) and having regard to the facts and circumstances of the case including the fact that hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant(s).
7. Accordingly, the application for suspension of sentence filed under Section 430 BNSS [Old Section 389 Cr.P.C.] is allowed and it is ordered that the sentence passed by the learned Sessions Judge, District Churu vide judgment dated 31.01.2025 in Sessions Case No.34/2022 against the appellant-applicant(s) –1. Jaiprakash @ Kalu S/o Mahesh Kumar, 2. Vikas S/o Mahesh Kumar, 3. Mahesh Kumar S/o Mahaveer Prasad and 4. Mahaveer S/o Pemaram shall remain suspended till final disposal of the appeal and he/she/they shall be released on bail provided he/she/they execute a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial
The court may suspend a sentence pending appeal if justified by the circumstances, subject to compliance with specified bail conditions.
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 are on bail and the appeal process is expected to take a significant amount of time.
The court may suspend a sentence pending appeal if the appellant was previously on bail and the appeal process is expected to be lengthy.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances and arguments presented.
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 pending appeal under Section 389 of the Code of Criminal Procedure, considering the case's circumstances and the need for accountability through bail conditions.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances, subject to specific conditions.
The court may suspend a sentence if the petitioner meets certain conditions, including prior bail status and compliance with legal obligations.
The court may suspend a sentence pending appeal if justified by circumstances, requiring compliance with specific bail conditions.
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