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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ajay, S/o. Prakash – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. application for suspension of sentence. (Para 1) |
| 2. contentions for and against suspension. (Para 2 , 3) |
| 3. distinction between bail and suspension of sentence. (Para 4 , 5) |
| 4. appellate considerations under section 389 crpc. (Para 6 , 7) |
| 5. discretion in suspending sentences. (Para 8 , 9) |
| 6. nature of appellate review. (Para 10 , 11) |
| 7. importance of human dignity and liberty. (Para 12) |
| 8. consideration of circumstances around the conviction. (Para 13 , 14) |
| 9. factors favoring suspension of sentence. (Para 15) |
| 10. possibility of acquittal. (Para 16) |
| 11. order for suspension of sentence. (Para 17 , 18) |
ORDER :
FARJAND ALI, J.
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 19.10.2022 passed by the learned Special Court, POCSO Act Cases, Dungarpur in Sessions Case No.03/2022 whereby he was convicted and sentenced to suffer maximum imprisonment of 20 years RI along with a fine of Rs.50,000/- under Section 376(2) of the IPC r.w. Section 5/6 of the POCSO Act.
2. It is contended by the learned counsel for the appellant that the learned trial Judge has not appreciated the correct, legal and factual aspec
Suspension of sentence under Section 389 CrPC requires the appellate court to assess the plausibility of the conviction's sustainability, considering the relationship context and evidence while prior....
The court ruled that suspension of sentence is warranted where there appears to be a substantial possibility of success on appeal, necessitating reevaluation of trial findings and evidence.
The appellate court must assess the sustainability of the conviction in suspension of sentence applications, particularly focusing on prima facie errors and debatable issues in the trial court's find....
Appellate courts may suspend sentences post-conviction if substantial grounds for appeal are evident, especially when the legality of evidence is in question.
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