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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE ASHOK KUMAR JAIN, J
Ravindra Kumar @ Dabbu Son Of Shri Hardevaram – Appellant
Versus
State Of Rajasthan – Respondent
Order :
ASHOK KUMAR JAIN, J.
1. These suspension of sentence applications were preferred on behalf of accused appellants-applicants (1) Ravindra Kumar @ Dabbu son of Shri Hardevaram (2) Naveen Kumar son of Shri Banwari Lal (3) Dholuram @ Dholiya son of Ghasiram (4) Sunil Kumar son of Sh. Khyaliram (5) Roshan Lal son of Shri Madan Lal (6) Manoj Nayak S/o Shri Surendra (7) Hansraj S/o Shri Shankarlal and (8) Dharamveer Singh @ Pintu son of Shri Babulal (hereinafter referred to as ‘the appellants’) in pending appeals filed aggrieved from judgment of conviction and sentence dated 24.01.2025 in Sessions Case No.27/2019 (46/2016) arising out of FIR No.50/2016 registered at Police Station Danta Ramgarh, District Sikar, passed by learned Additional Sessions Judge, Danta Ramgarh, District Sikar whereby nine accused including present appellants were convicted and sentenced under Sections 395 , 412 and 120-B of IPC .
2. Learned counsel for the appellants while relying upon grounds of appeals submit that eye-witnesses have turned hostile and not supported the case of prosecution. Learned counsel further referred the statement of the security guard posted at ATM and submit that he has also turned
The court emphasized the importance of considering criminal antecedents in bail applications and found insufficient evidence to link all accused to the robbery, leading to selective suspension of sen....
The court established that a conviction must be supported by credible evidence, and the absence of such evidence can lead to suspension of sentence.
The court established that sentences can be suspended based on the duration already served and the conditions of appearance during the appeal process.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The main legal point established in the judgment is the court's discretion to suspend sentences under Section 389 Cr.P.C. during the pendency of an appeal, based on the circumstances of the case and ....
Life convicts with no criminal antecedents and prolonged incarceration may be granted bail pending appeal unless compelling reasons for denial exist.
The court established that a conviction must be supported by credible evidence, and the lack thereof can lead to the suspension of a sentence.
The failure of the victim to identify the convict-applicant is significant for considering bail suspension, highlighting the court's discretion in such matters.
The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
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