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TEJINDER SINGH DHINDSA, PANKAJ JAIN
Anil – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
1. By way of the present application filed under Section 389 Cr.P.C., applicant/appellant No.1 namely Anil son of Vijay Singh seeks suspension of sentence, during the pendency of the present appeal.
2. He has been convicted in FIR No. 222 dated 31st August 2013 (registered under Section 147, 148, 149, 302 and 216 of the Indian Penal Code, at Police Station Bhattu Kalan) and has been sentenced to undergo rigorous imprisonment for life for commission of offence punishable under Section 302 read with Section 34 IPC vide judgment and order dated 30th September, 2016 Custody Certificate has been placed on record. Applicant/ appellant No.1 is stated to have undergone actual sentence of 6 years, 9 months and 4 days.
3. Counsel for applicant/appellant No.1 submits that keeping in view the period of custody, the applicant is entitled for the concession of suspension of sentence in the light of ratio of law laid down by this Court in 'Dharampal vs. State of Haryana', 1999 (4) RCR (Criminal) 600.
4. Further, it has been submitted that applicant/appellant No.1 cannot be said to have actively participated in the crime as no injury on the body of the deceased has been attributed to him. Th
The power to grant bail is discretionary and must be exercised judiciously, considering factors such as the nature of the accusations, severity of the punishment, and prima facie view of the involvem....
The exercise of the power to grant bail and suspension of sentence involves the balancing of numerous factors, including the nature of the offence, the severity of the punishment, and a prima facie v....
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 ....
Suspending a sentence for a serious offence like murder requires a rare demonstration of exceptional circumstances, without re-evaluating evidence during bail applications.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
Suspension of sentence requires strong grounds demonstrating a fair chance of acquittal; mere incarceration duration does not suffice for bail.
Suspension of sentence granted based on long-term incarceration and lack of immediate appeal prospects in a serious case of culpable homicide.
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