The court has the discretion to suspend a sentence during the pendency of an appeal, considering the totality of the facts and circumstances, and the likelihood of the appeal being heard in the near future.

JUDGMENT

CRL.M.(BAIL) 708/2023 (suspension of sentence)

1. By way of the present application, the applicant seeks regular suspension of sentence during the pendency of appeal filed by the applicant in FIR RC No. 4(A)/2013/AC-III/CBI/New Delhi under Sections 120B/420/466/468/471 of the Indian Penal Code, 1860 (IPC) and Sections 13(2)/13(1)(d) of the Prevention of Corruption Act, 1988 (PC Act).

2. Vide judgment dated 3rd May, 2023, the Special Judge (PC Act), CBI, Rouse Avenue Court Complex, New Delhi convicted the applicant under Sections 120-B/420 of the IPC and 13(2)/13(1)(d) of the PC Act and vide order on sentence dated 6th May, 2023, sentenced him to undergo four years rigorous imprisonment and imposed a combined fine of Rs.6,00,000/-.

3. Counsel appearing on behalf of the applicant submits that the applicant was working as a Dealing Assistant with the Delhi Development Authority (DDA) at the relevant point of time, which was the lowest in the hierarchy, and hence was not in a position to influence decisions. He states that no money trail has been found traceable to the applicant.

4. Counsel for the applicant submits that the applicant was on bail during the period of trial and has never misused the liberty granted to him. The applicant has been in custody since 6th May, 2023, and has undergone about 3 months in custody. He further states that the applicant has been unable to pay the fine.

5. Learned counsel appearing on behalf of the Central Bureau of Investigation (CBI) submits that the applicant has rightly been convicted by the Trial Court and no grounds for granting suspension of sentence have been made. He states that merely because the applicant has been on bail during the trial proceedings, the same is not sufficient to grant suspension of sentence after the applicant has been found guilty. He further submits that suspension of sentence should be granted only where the convict stands a fair chance of acquittal.

6. Learned counsel for the CBI has placed reliance on the following judgments in support of his contentions:

(i) Kishori Lal v. Rupa, (2004) 7 SCC 638;

(ii) Omprakash Sahni v. Jai Shankar Chaudhary, (2023) 6 SCC 123;

(iii) Manoj Kumar Mishra v. CBI, 2016 SCC OnLine Del 6285

7. I have heard the counsels for the parties and perused the material on record.

8. It is a settled principle of law that the Court should not deal with the merits of the case in detail at the stage of consideration of suspension of sentence. However, a prima facie view would have to be taken by the Court while deciding the application for suspension of sentence.

9. In the present case, the applicant was a junior official with the DDA and it appears from the record that no money trail has been traced back to him.

10. A perusal of the Nominal Roll shows that the applicant has already spent more than three months in custody and the conduct of the applicant has been satisfactory and he is not involved in any other case.

11. Moreover, the co-convict, the appellant in Crl.A. 431/2023, who has been awarded sentence of 3 years rigorous imprisonment has been granted suspension of sentence.

12. The judgment of the Supreme Court in Kishori Lal (supra) and Omprakash Sahni (supra) were in the context of suspension of sentence where the appellant had been found guilty of the offence punishable under Section 302 of the IPC and awarded life imprisonment. Therefore, the observations made therein with regard to suspension of sentence have to be seen in that context.

13. The judgment of the Co-ordinate Bench of this Court in Manoj Kumar Mishra (supra) was in respect of conviction under the Prevention of Corruption Act, 1988. It was a case which involved impersonation by the appellant as an officer of CBI. However, what has to be borne in mind is that in the said case, the application seeking suspension of sentence was dismissed on the first date itself, when the appeal was listed. While dismissing the application for suspension of sentence, the ap