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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI, HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA, JJ
Ramkanya W/o Jagdish Das – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The appellants-applicants herein have been convicted and sentenced as below vide judgment dated 16.02.2019 passed by learned Additional Sessions Judge No.2, Nimbahera, District Chittorgarh in Sessions Case No.37/2015:
Appellant - Smt. Ramkanya:
| Offence | Sentence | Fine |
|---|---|---|
| 302/120-B IPC | Life Imprisonment | Rs. 5,000/- and in default of which to further undergo one month additional S.I. |
| 201 IPC | Three Years’ R.I. | Rs. 5,000/- and in default of which to further undergo one month additional S.I. |
Appellant – Nanudas @ Rameshwar:
| Offence | Sentence | Fine |
| 302 IPC | Life Imprisonment | Rs.5,000/- and in default of which to further undergo one month additional S.I. |
| 120-B IPC | Life Imprisonment | Rs.5,000/- and in default of which to further undergo one month additional S.I. |
| 201 IPC | Three Years’ R.I. | Rs.5,000/- and in default of which to further undergo one month additional S.I. |
2. The appellants-applicants have preferred the applications for suspension of sentence under Section 389 Cr.P.C. for suspension of sentences during the pendency of the appeal and for release on bail.
3. The salient facts of the case, as discerned by this Hon’ble Court, reveal that a report was lodged on 11.01.2015 by the complainant regarding an inci
Life convicts with no criminal antecedents and prolonged incarceration may be granted bail pending appeal unless compelling reasons for denial exist.
Prolonged incarceration without imminent appeal hearing justifies suspension of sentence, aligning with Supreme Court directives on bail for long-term convicts.
Life convicts who have served over 10 years may be granted bail pending appeal unless there are extenuating circumstances for denial.
A convict who has served substantial time in custody may have their sentence suspended pending appeal if no extenuating circumstances exist against such bail.
The court may suspend a sentence if the appellant has served over 10 years and there are no extenuating circumstances for denial of bail.
Long-term convicts may be granted bail pending appeal if they have served over 10 years without compelling reasons for denial, as established in prior Supreme Court rulings.
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Long-term custody without appeal hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
The court applied the legal principle that when a convict has served a substantial portion of the sentence and there is no likelihood of appeal hearing in the near future, the substantive sentence ca....
The main legal point established in the judgment is the consideration of suspension of sentence and bail for persons who have completed 10 years of sentence and whose appeal is not in proximity of he....
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