HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
MOHAN LAL – Appellant
Versus
STATE OF RAJSTHAN – 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 petitioner was 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 petitioner.
5. Accordingly, the application for suspension of sentence filed under Section 483 of BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Judicial Magistrate, Makarana, District Nagaur in Criminal Original Case No.86/2019 vide order dated 11.10.2023 as affirmed by the Learned Addl. Sessions Judge, Makarana, District Nagaur, vide order dated 07.02.2025 in Cr. Appeal No.16/2023 against the petitioner- applicant Mohan Lal S/o Ganpat Lal, shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail subject to deposit of 50% of the fine amount as imposed by t
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 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 justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
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.
Suspension of sentence granted due to prior bail status and expected duration of revision petition, subject to conditions for appearance.
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 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 is no imminent hearing date for the revision, subject to specific bail conditions.
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