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DIPANKAR DATTA, MANMOHAN
NITISH KUMAR @ PAPPU – Appellant
Versus
STATE (NCT OF DELHI) – Respondent
ORDER :
1. Leave granted.
2. The appellant, having been convicted by the trial court for commission of offence punishable under Sections 354(A) / 354(D) of the Indian Penal Code, 1860 and Sections 9 / 10 of the Protection of Children from Sexual Offence Act, 2012 and sentenced to 5 years’ simple imprisonment vide judgment and order dated May 06, 2023, filed an appeal1[CRL. A. 583/2023] before the High Court of Delhi2[High Court]. The appeal is pending.
3. In connection with the said appeal, the appellant applied under Section 389(1) of the Code of Criminal Procedure, 19733[Cr. PC] for suspension of sentence and release on bail. Such application, however, has been rejected by the impugned judgment and order dated August 07, 2024 of the High Court. This appeal is directed against such rejection.
4. Having heard learned counsel for the parties and on perusal of the materials on record, we are of the considered opinion that the appellant has made out sufficient ground for suspension of sentence and consequent release on bail, during the pendency of the appeal before the High Court.
5. We have noted that the appellant has been behind bars for two years and eight months as on date, i.e., for
The court granted bail pending appeal, emphasizing the right to appeal and the potential injustice of prolonged incarceration if the conviction is later overturned.
The court suspended the appellant's sentence and granted bail due to the lengthy delay in appeal proceedings and the time already served.
The High Court's denial of suspension of sentence was unjustified given the appellant's lengthy imprisonment and the need for timely appeal consideration.
The court determines that bail should be granted pending appeal where there is a considerable delay in proceedings and the sentenced term is not life imprisonment.
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