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2023 Supreme(Del) 4704

SWARANA KANTA SHARMA
Sabir – Appellant
Versus
State of Delhi – Respondent


Advocates appeared:
Mr. Prakhar Sharma and Mr. Swapnil Choudhary, Advocates, for the Appellants.
Mr. Manoj Pant, APP for the State with SI Parveen Kumar, P.S. Sadar Bazar.

JUDGMENT

Swarana Kanta Sharma, J.

CRL.M.A. 16518/2023

1. The instant application has been filed by appellant no. 3 Mohd. Swaleen under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') for grant of permission to travel to Saudi Arabia for Hajj/Umrah pilgrimage.

2. In the present case, an FIR was registered under Sections 308/323/34 of Indian Penal Code, 1860 (`IPC') and later, Sections 302/307 IPC were also invoked against present appellant along with three other accused. The learned Trial Court after conclusion of trial, convicted the present appellant and three other accused vide judgment dated 20.05.2010, and sentenced the appellant to undergo Rigorous Imprisonment for a period of 10 years and fine of Rs. 1 lac for offence punishable under section 304(I1)/34 IPC, and to further undergo Rigorous Imprisonment for a period of 05 years and fine of Rs. 50,000/- for offences punishable under Section 308/34 IPC vide order dated 21.05.2010. The present appeal against the conviction has been pending before this Court since 2010. This court vide order dated 01.07.2010 had admitted the appeal, and thereafter, had suspended the sentence of appellant, vide order dated 28.02.20

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