2007 Supreme(Del) 1982

High Court Of Delhi
SHIV NARAYAN DHINGRA
PURUSHOTTAM @ BALLO - Appellant
Versus
STATE ( N. C. T. OF DELHI) - Respondents
CRL. APPEAL 891 Of 2006
Decided On : 09/17/2007

The court has the discretion to suspend a sentence and grant bail under Section 389 Cr. P. C based on the circumstances of the case and the evidence presented.

Headnote:

Suspension of Sentence - Section 389 Cr. P. C - The court suspended the sentence of the appellant convicted under Sections 304/307 IPC and granted bail based on the appellant's lack of direct involvement in inflicting injuries on the deceased.

Fact of the Case:

The appellant was convicted under Sections 304/307 IPC but had not inflicted any injuries on the deceased, though he was present and involved in the quarrel.

Finding of the Court:

The court considered the evidence and judgment, and deemed it a fit case to suspend the appellant's sentence and grant bail.

Issues: Suspension of sentence and grant of bail under Section 389 Cr. P. C

Ratio Decidendi: The appellant's lack of direct involvement in inflicting injuries on the deceased influenced the court's decision to suspend the sentence and grant bail.

Final Decision: The sentence of the appellant is suspended, and he is directed to be released on bail upon furnishing a personal bond and surety.