HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
NEMICHAND – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Heard.
2. Admit. Call for record.
3. Issue notice.
4. Learned Public Prosecutor accepts notice on behalf of sole respondent.
5. Heard learned counsel for the petitioner and learned public prosecutor on application for suspension of sentence No.10/2025.
6. Learned counsel for the petitioner submits that petitioner was on bail during the trial and the sentence of similarly situated co-accused Bharat has already been suspended. Counsel further submits that the fine amount has already been deposited by the petitioner.
7. Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused petitioner.
8. Accordingly, the application for suspension of sentence filed under Section 438/442 BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Judicial Magistrate Seemalwara, District Dungarpur, in Criminal Original Case No.50/2006 (CIS No.1460/2015) vide order dated 06.12.2017 as partly allowed by the Learned Addl. Sessions Judge Dungarpur vide order dated 09.12.2024 in Cr. Appeal No.122
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 substantive sentence pending appeal if justified by the case's circumstances, subject to specific conditions.
The court may suspend a substantive sentence pending appeal if justified by the case's circumstances and arguments presented.
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
The court allowed the suspension of sentence pending appeal based on the absence of custody and prior temporary suspension, imposing conditions for bail.
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.
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 justified by the circumstances, subject to compliance with specified bail conditions.
The court may suspend a substantive sentence and grant bail if there is no imminent hearing for the revision application, ensuring fair treatment of the accused.
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