The bench of justices AS Oka and Pankaj Mithal today ruled that these days there is a tendency in the High Court across the country that the High Courts don't allow the Suspension of Sentence Application by the time the accused undergoes the substantive sentence when the sentence awarded by the Trial Court is quantified sentence.

Allowing an appeal of an accused who was sentenced to undergo 5 years imprisonment under section 308 IPC, the Court observed that the Rajasthan High Court has not observed in the impugned order that the appeal would be heard in the near future.

taking note of the fact that the accused had undergone more than one-year imprisonment and the criminal appeal is of the year 2022 and also observing the fact that the pendency before the Rajasthan High Court, the Apex Court allowed the appeal and directed the accused to be produced before the Trial Court within one week and the trial court would release the accused on bail.

The appellant was represented by AOR Rishi Matoliya assisted by Advocates Nikhil Kumar Singh, Achal Singh Bule and Mahendra Singh Inda whereas the State of Rajasthan was represented by Advocate Vikas Chaudhary.

Case Details:-

SLP (Crl.) No. 12990/2023

Girraj Vs. State of Rajasthan

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