HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
KAILASHNATH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1. Learned counsel for the petitioners submits that the accused petitioners were on bail during the trial and hearing of the revision will take sufficient long time.
2. Upon a consideration of the arguments advanced on behalf of the petitioners and having regard to the facts and circumstances of the case, the petitioners were on bail during the trial, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner.
3. Accordingly, the application for suspension of sentence filed under Section 438 (1) BNSS is allowed and it is ordered that the substantive sentences passed by learned Chief Judicial Magistrate, Jalore in Criminal Regular Case No.2932/2017 vide order dated 18.11.2023 as affirmed by the learned Sessions Judge, Jalore, vide order dated 13.05.2024 in Criminal Appeal No.64/2023 (CIS No.66/2023) against the petitioners-applicants (1) Kailashnath S/o Jawaharnath & (2) Sureshnath S/o Gulabnath, shall remain suspended till final disposal of the aforesaid revision subject to the condition that the petitioners shall deposit 50% of the fine amount as imposed by the learned trial Court and they s
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 justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
Suspension of sentence granted due to prior bail status and expected duration of revision petition, subject to conditions for appearance.
Suspension of sentence is warranted when petitioners are on bail during trial and there is no immediate hearing for the appeal.
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 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 allowed the suspension of sentence pending appeal based on the absence of custody and prior temporary suspension, imposing conditions for bail.
The court may suspend a sentence pending appeal when warranted by circumstances, requiring compliance with specific conditions for bail.
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