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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Arun Kumar Pandey S/o Jaleshwar Pandey – Appellant
Versus
Union of India – Respondent
ORDER :
1. The instant 3rd SOS application is preferred by appellant-appellant-accused-Arun Kumar Pandey S/o Jaleshwar Pandey, (hereinafter referred as ‘the appellant’) in pending criminal appeal, which was filed aggrieved from judgment of conviction and sentence dated 18.08.2018 in Session Case No.25/2017 passed by learned Special Judge (NDPS) Cases, Dausa.
2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution.
3. Considered submissions of learned counsel for the appellant and learned Special Public Prosecutor appearing on behalf of the respondent.
4. First application for suspension of sentence of the appellant was dismissed by this Court on 10.04.2023 and second application for suspension of sentence on 06.03.2025. In the meanwhile, the appel
When a convict is serving a fixed-term sentence and their appeal is unlikely to be heard promptly, courts should liberally exercise discretion to suspend the sentence, particularly if the convict has....
The court may allow the suspension of sentences if the grounds raised by the appellant for suspension are arguable and the disposal of the appeal would consume time.
The court may suspend a sentence if the accused has served a significant portion of the sentence and the appeal is unlikely to be heard soon, considering the absence of prior convictions.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The court established that under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process if justified by the circumstances of the case.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
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