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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
ILIYAS @ TONI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Heard.
2. Admit. Issue Notice.
3. Learned Public Prosecutor accepts notice on behalf of respondent - State.
4. Call for record.
5. Heard on application for suspension of sentence No.228/2025.
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 389 Cr.P.C . [Section 430 (2) BNSS] is allowed and it is ordered that the sentence passed by the learned Additional District & Sessions Judge, No.2, Nimbahera, District Chittorgarh vide judgment dated 14.01.2025 in Sessions Case No.78/2021 against the appellant-applicant(s) – 1. Iliyas @ Toni S/o Mohammed Idrish Sheikh and 2. Sayra Banu W/o Shri Mohammed Idrish Sheikh shall remain suspended till final disposal of the appeal and he/she/they shall be released on bail provided he/she/they executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfa
The court may suspend a sentence pending appeal if justified by circumstances, requiring compliance with specific bail conditions.
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 sentence pending appeal if justified by the circumstances, subject to compliance with specified bail 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.
Suspension of sentence granted due to similarity with co-accused cases and potential delays in 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 pending appeal if the appellant was previously on bail and the appeal process is expected to be lengthy.
The court has the discretion to suspend the sentence and grant bail under Section 397/401 Cr.P.C. based on the facts and circumstances of the case.
The court may suspend a sentence pending appeal if the appellants are on bail and there is no imminent hearing.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances, subject to specific conditions.
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