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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE ASHUTOSH KUMAR, J
Pawan S/O Pannalal – 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 19.02.2024 passed by the Sessions Judge, Kota (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.509/2022 whereby, learned Appellate Court while partly allowing the appeal filed on behalf of the accused- applicant, affirmed the conviction vide order dated 05.11.2022 and reduced the sentence passed by Additional Chief Judicial Magistrate No.5, Kota (hereinafter referred to as the 'trial Court') in Regular Criminal Case No.26040/2014 by which the accused-applicant was convicted for the offence punishable under Section 392/34 of IPC and was sentenced for three years simple imprisonment with a fine of Rs.3,000/-.
2. Feeling aggrieved of the orders dated 19.02.2024 and 05.11.2022, the present application for suspension has been filed by the accused-applicant.
3. Learned counsel for the accused-applicant submitted that the accused-applicant along with the co-accused Sonu @ Sunil were tried by the trial Court for the offence punishable under Section 392/34 of IPC and were sentenced for three years simple imprison
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 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 if the accused are on bail and the appeal process is expected to take a significant amount of time.
The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
The court established that under Section 389 CrPC, a sentence can be suspended during the appeal process if the circumstances justify such action, particularly considering the age of the appellant an....
The court emphasized the need to meticulously assess all relevant factors when considering an application for suspension of a sentence for serious offenses like murder.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The court allowed the suspension of sentence pending appeal based on the absence of custody and prior temporary suspension, imposing conditions for bail.
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