HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
AZAD KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1. Heard.
2. Admit. Issue notice.
3. Learned Public Prosecutor accepts notice on behalf of respondent – State.
4. Heard on application for suspension of sentence No.48/2025. Upon a consideration of the arguments advanced by the petitioner(s) and having regard to the facts and circumstances of the case including the fact that the petitioner(s) was on bail during the trial and hearing of the revision petition is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner(s).
5. Accordingly, the application for suspension of sentence filed under Section 438 R/w 442 of BNSS (Old Section 397 R/w 401 Cr.P.C.) is allowed and it is ordered that the substantive sentences passed by the learned Additional Chief Judicial Magistrate, Nathdwara, District Rajsamand vide judgment dated 15.07.2013 in Original Criminal Case No.200/2008 as affirmed by learned Additional Session Judge, Nathdwara, District Rajsamand vide order dated 27.01.2025 in Criminal Appeal No.32/2013 against the accused-petitioner(s) – Azad Khan S/o Shri Sher Singh shall remain suspended till final disposal of t
Suspension of sentence granted due to prior bail status and expected duration of revision petition, subject to conditions for appearance.
Suspension of sentence granted pending revision due to prior bail status and expected duration of hearing, subject to conditions.
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 may suspend a substantive sentence pending appeal if the accused was on bail during trial, subject to conditions.
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 substantive sentence if there are no immediate prospects for hearing a revision, subject to specific bail conditions.
The court may suspend a substantive sentence if there is no imminent hearing date for the revision, subject to specific bail conditions.
The court may suspend a sentence pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.
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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