HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
SUNIL SHARMA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
MANOJ KUMAR GARG, J.
Heard.
2. Admit. Learned Public Prosecutor accepts notice on behalf of respondent-State.
3. Heard on application for suspension of sentence.
4. Upon a consideration of the arguments advanced on behalf of the petitioners and having regard to the facts and circumstances of the case including the facts that the petitioners were on bail during the trial and there is no chance of hearing of the appeal in near future, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioners.
5. Accordingly, the application for suspension of sentence filed under Section 438(1) of BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Additional Chief Judicial Magistrate, No.2, Bhilwara, in Regular Criminal Case No.17438/2015 vide order dated 08.07.2024 as affirmed by the Learned Addl. Sessions Judge No.2, Bhilwara, vide order dated 05.02.2025 in Cr. Appeal No.161/2024 against the petitioners- applicants (1) Sunil Sharma S/o Shri Naresh Chandra Sharma & (2) Smt. Renu Sharma W/o Sunil Sharma, shall remain suspended till final disposal of the aforesaid revision and they shall be release
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 sentence if the accused was on bail during trial and if the appeal is unlikely to be heard soon.
Suspension of sentence granted pending revision due to prior bail status and expected duration of hearing, subject to conditions.
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 justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
Suspension of sentence granted due to prior bail status and expected duration of revision petition, subject to conditions for appearance.
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 pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.
The court may suspend a substantive sentence if there are no immediate prospects for hearing a revision, subject to specific bail conditions.
The court may suspend a substantive sentence if there is no imminent hearing date for the revision, subject to specific bail conditions.
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