Back
SUBRAMONIUM PRASAD
Sushil Ansal – Appellant
Versus
State Of NCT Of Delhi – Respondent
ORDER
Subramonium Prasad, J. - Vide the present petitions, the Petitioners seek to challenge the Order dated 03.12.2021 passed by the learned Additional Sessions Judge, Patiala House Courts, in Crl. Appeals No. 89/2021, 90/2021, 91/2021, 92/2021 & 95/2021, rejecting the applications of the Petitioners herein under Section 389(2) Cr.P.C for suspension of sentence during the pendency of Appeal.
1. FACTUAL MATRIX:
2. For a better understanding of the instant petitions, it is imperative to narrate the backdrop of the entire episode, which is stated as under:
A. The genesis of the entire proceedings stems from the devastating fire that occurred in Uphaar Cinema on 13.06.1997 which resulted in the death of 59 people due to asphyxia and caused injuries to more than 100 people. Initially the investigation was conducted by Delhi Police and later on it was transferred to the CBI which registered a case, being case No. RC-3(S)/97/SIC.IV/New Delhi. After investigation, charge-sheet was filed on 15.11.1997 against 16 persons, including the Petitioners herein. There was delay in trial and a petition, being Criminal Writ Petition No. 353/2002, was filed by the Association of Victims of Uphaar Tragedy
(1) Suspension of sentence and release on bail – Accused is presumed to be innocent till he is held guilty by a court of competent jurisdiction – Once accused is held guilty, presumption of innocence....
The court reaffirmed that the discretionary power to suspend a sentence under Section 389 of the Cr.P.C. requires a prima facie case and consideration of the gravity of the offense.
The power to receive additional evidence under Section 391 of the Cr.P.C. should be exercised sparingly and only in exceptional cases where it is necessary for rendering substantial justice.
The court emphasized the seriousness of the accusations, the continuing nature of the conspiracy, and the likelihood of the accused influencing witnesses and interfering with the investigation in rej....
The main legal point established in the judgment is the inadmissibility of confessions without the mandatory certificate under Section 65-B of the Evidence Act and the improper admission of call deta....
Ordinarily, the superior Court should suspend the sentence of imprisonment in the matters relating to the offence under the PC Act.There is a distinction between suspension of execution of sentence a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
