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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE ASHUTOSH KUMAR, J
RAKESH @ BAKRA S/O MADAN LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present application for suspension of sentence has been filed by the accused-applicant under Section 528 of B.N.S.S. challenging the order dated 07.11.2024 passed by the Additional Sessions Judge No.11, Jaipur Metropolitan-I, Headquarter Sanganer (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.44/2024 whereby, learned Appellate Court while dismissing the appeal filed on behalf of the accused- applicant, affirmed the conviction vide order dated 06.02.2024 passed by Additional Chief Metropolitan Magistrate No.17, Jaipur Metropolitan-I, Headquarter Sanganer (hereinafter referred to as the 'trial Court') in Regular Criminal Case No.2637/2023 by which the accused-applicant was convicted for the offence punishable under Section 379 of IPC and was sentenced for three years simple imprisonment with a fine of Rs.5,000/-.
2. Feeling aggrieved of the orders dated 07.11.2024 and 06.02.2024, the present application for suspension has been filed by the accused-applicant.
3. Learned counsel for the accused-applicant submitted that the accused-applicant has been convicted by the trial Court by wrongly appreciating the evidence placed on record and the appeal f
The court has the discretion to suspend a sentence if circumstances justify, such as the duration of custody and potential delays in the appeal process.
The court may suspend a sentence during the pendency of a petition considering factors such as judicial custody and the suspension of a co-accused's sentence.
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 established that a convicted individual may have their sentence suspended if they were previously on bail and the trial process is prolonged.
The court established that suspension of sentence can be granted when the accused meets specific conditions, including prior bail status and the nature of the offences.
The court established that a suspension of sentence may be granted when the applicant demonstrates prior compliance with bail conditions and the potential for prolonged judicial proceedings.
The court established that the suspension of sentence can be granted based on the applicant's circumstances, including prior bail and the potential delay in the judicial process.
The court can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.
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