HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
SHANKAR LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(MANOJ KUMAR GARG, J.)
Heard.
2. Admit.
3. Learned AAG accepts notice on behalf of respondent-State.
4. Call for the record.
5. Heard on application for suspension of sentence.
6. Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case including the fact that the appellants were on bail during the trial and there is no chance of hearing of the present appeal in near future, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellants.
7. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. (430 of BNSS) is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Act Cases No.2, Chittorgarh, vide judgment dated 03.02.2025 in Session Case No.67/2017 against the applicants (1) Shankar Lal S/o Gabur Lal, (2) Nijam Khan S/o Khaju Khan Mansuri Musalmaan & (3) Mubarik S/o Jalaludeen Mansuri Musalamaan, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail provided each of them executes a personal bond in the sum of Rs.2,00,000/- with two sureties of
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 if the accused was on bail during trial and if the appeal is unlikely to be heard soon.
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 ruled that the duration of custody and the nature of injuries justified the suspension of the appellant's sentence pending appeal.
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 pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.
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 the accused are on bail and the appeal process is expected to take a significant amount of time.
Suspension of sentence granted pending revision due to prior bail status and expected duration of hearing, subject to conditions.
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