Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Roshan S/o Pyarchand – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
FARJAND ALI, J.
1. The instant application for suspension of sentence has been moved on behalf of the applicants in the matter of judgment dated 17.09.2025 passed by the learned Special Judge POCSO Cases, 2012 and Commission for Protection of Child Rights Act, 2005, No.1, Chittorgarh in Sessions Case No.60/2021 whereby they were convicted and sentenced to suffer maximum twenty years’ RI along with a fine of Rs.50,000/- under Section 16/17 of IPC and lesser punishment for the other offences under Sections 363 and 366(A) of IPC.
2. It is contended by the learned counsel for the appellants that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently opposed the prayer made by learned counsel for the accused-applicants for releasing the appellant on application for suspension of sentence.
4. Heard learned counsel
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.
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....
Appellate courts may suspend sentences post-conviction if substantial grounds for appeal are evident, especially when the legality of evidence is in question.
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....
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
