Jamnalal vs State of Rajasthan 2025 INSC 935 - S.389 CrPC - Suspension Of Sentence
Code of Criminal Procedure 1973 - Section 389 - High Court hearing an application for suspension of sentence has to examine whether prima facie there was anything palpable on the record to indicate if the accused had a fair chance of overturning the conviction. (Para 10)
Code of Criminal Procedure 1973 - Distinction between setting aside of the bail by a higher Court and cancellation of the bail -While cancellation of bail is due to some supervening circumstances like breach of bail condition, setting aside of the bail is concerned not with the breach of condition but with the justifiability and soundness of the order granting bail. (Para 13)
Case Info
Case Name and Neutral Citation
- Case Name: Jamnalal v. State of Rajasthan & Another
- Neutral Citation: 2025 INSC 935
Coram (Judges)
- Coram:
- Hon’ble Ms. Justice B.V. Nagarathna
- Hon’ble Mr. Justice K.V. Viswanathan
Judgment Date
- Date of Judgment: 6 August 2025
Caselaws and Citations
- Omprakash Sahni v. Jai Shankar Chaudhary and Another
- Citation: (2023) 6 SCC 1237
- Neeru Yadav v. State of Uttar Pradesh and Another
- Citation: (2014) 16 SCC 508
- Vijay Kumar v. Narendra and Others
- Citation: (2002) 9 SCC 364
Statutes/Laws Referred
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act)
- Section 3/4(2)
- Section 29
- Section 30
- Section 2(d)
- Section 42
- Indian Penal Code, 1860
- Section 376(3)
- Section 341, 323, 325, 457, 380, 394, 120B, 34, 379, 411, 147
- Code of Criminal Procedure, 1973 (Cr.P.C.)
- Section 164
- Section 389
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Section 94
- Arms Act, 1959
- Section 3/25
High Court hearing an application for suspension of sentence has to examine whether prima facie there was anything palpable on the record to indicate if the accused had a fair chance of overturning the conviction.#SupremeCourt https://t.co/ef4PFyGBSi pic.twitter.com/mVlPnPEvAe
— CiteCase 🇮🇳 (@CiteCase) August 6, 2025
#SupremeCourt on distinction between setting aside of bail by Higher Court and cancellation of bail: https://t.co/ef4PFyGBSi pic.twitter.com/04owjnYvn8
— CiteCase 🇮🇳 (@CiteCase) August 6, 2025
