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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, RAVI CHIRANIA
Gauri Shankar S/o Shri Hurji Manat – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. bail may be suspended for a convict in custody over 10 years without extenuating circumstances. (Para 2 , 12) |
| 2. supreme court directives influence bail considerations for long-serving inmates. (Para 4 , 9) |
| 3. opposition to bail based on the severity of the offence must consider the duration of imprisonment. (Para 6 , 10) |
ORDER :
1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 01.08.2019 passed by the learned Sessions Judge, Dungarpur, in Sessions Case No.07/2016:
| Offence | Sentence | Fine | Sentence in default of fine |
| 147 IPC | 2 years’ S.I. | Rs.2,000/- | 2 Months’ S.I. |
| 148 IPC | 3 Year’s S.I. | Rs.3,000/- | 3 Months’ S.I. |
| 323/149 IPC | 1 Years’ S.I. | Rs.1,000/- | 1 Months’ S.I. |
| 324/149 IPC | 3 Years’ SI | Rs.3,000/- | 3 Months’ S.I. |
| 302/149 IPC | Life Imprisonment | Rs.10,000/- | 6 Months’ R.I. |
2. The appellant-applicant has preferred the application for suspension of sentence under Section 430 B.N.S.S. for suspension of sentence during the pendency of the appeal and for release on bail.
3. No one appeared on behalf of the accused-applicant.
4. On perusal of the file, it appears that the applicant is in custody for about 10 years (including remission) and there is no chance of
A convict who has served substantial time in custody may have their sentence suspended pending appeal if no extenuating circumstances exist against such bail.
Life convicts who have served over 10 years may be granted bail pending appeal unless there are extenuating circumstances for denial.
Prolonged incarceration without imminent appeal hearing justifies suspension of sentence, aligning with Supreme Court directives on bail for long-term convicts.
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.
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of 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.
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....
Long-term custody without appeal 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.
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