Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE SANDEEP SHAH, JJ
Bharat Kumar son of Anil Kumar – Appellant
Versus
State of Rajasthan – Respondent
Order :
In D.B. Criminal Misc. Suspension o f Sentence Application No. 1396/2024 :-
1. 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.
2. Learned counsel for the appellant-applicant has referred to the judgment of Neeraj Sen @ Sallu passed in D.B. Criminal Misc. Suspension of Sentence Application No.1487/223 on 04.04.2024. The order dated 04.04.2024, reads as follows:-
“1. Heard learned counsel for the parties on the application for suspension of sentences.
2. The instant application for suspension of sentences has been preferred by the appellant- applicant, who has been convicted and sentenced by the learned trial court vide judgment dated 31.08.2023 in Sessions Case No. 16/2018, as under:-
| Offences U/s | Sentence Awarded | Fine Imposed | Sentence in default of time |
| 341 of IPC | One month of R.I. | Rs.500/- | Three days of R.I. |
| 307/34 of IPC | Ten Years of R.I. | Rs.5,000/- | Two Months of R.I. |
| 397/34 of IPC | Seven Years of R.I. | Rs.5,000/- | Two Months of R.I. |
| 4/25 of Arms Act | Three Years of R.I. | Rs.5,000/- | Two Months of R.I. |
| 3(2) (v) of SC/ST Act | Life Imprisonment | Rs.5,000/- | Two Months |
Knowledge of the victim's caste is essential for conviction under the SC/ST Act, and insufficient evidence regarding intent to murder undermines the conviction under Section 307 IPC.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The central legal point established in the judgment is that the conviction under the SC/ST Act must be supported by evidence of the caste-based nature of the crime, and discrepancies in evidence can ....
The court ruled that absence of direct evidence does not negate the applicability of Section 149 IPC and that suspension of sentence post-conviction requires clear justification beyond lack of prior ....
Suspension of sentence and release on bail – Parameters governing suspension of sentence post-conviction are qualitatively distinct from those applicable at stage of pre-trial bail – Such relief can ....
Suspension of conviction under Section 389(1) requires exceptional circumstances, focusing on the seriousness of the offense and implications for public interest.
The court emphasized the need to meticulously assess all relevant factors when considering an application for suspension of a sentence for serious offenses like murder.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
