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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE SANDEEP SHAH, JJ
Mithlesh Alias Kari, S/o Siya Ram – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
Order :
1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 06.02.2018 passed by the learned Sessions Judge, Churu in Sessions Case No.24/2015 :
| Offences U/s | Prison Punishment | In default of payment of fine further undergo |
| 302 of IPC | Imprisonment for Life with the fine of Rupees 2000/-(Two thousand) | - |
| 308 of IPC | Simple Imprisonment for 3 (Three) Years with the fine of Rupees 10,000/- (Ten thousand) | Further 3 (Three) Months of Simple Imprisonment |
| 323 of IPC | Simple Imprionment for 6 (six) months | - |
2. The appellant-applicant has preferred the application 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. Brief facts of this case are that the incident had happened on 27.04.2015, and due to some small altercation pertaining to Rs.100/-, a single blow by rod was inflicted by the present accused on the deceased.
3.1 Learned counsel for the applicant-appellant submits that though the merits of the case warrant intervention, but he is restricting his arguments to the prolonged period of incarceration endured by the appellant i.e. more than 10 years.
4. The only plea raised
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.
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
Life convicts with no criminal antecedents and prolonged incarceration may be granted bail pending appeal unless compelling reasons for denial exist.
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....
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.
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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