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AMIT BANSAL
Sanjay – Appellant
Versus
State of NCT of Delhi – Respondent
ORDER
Crl.M.(Bail) 447/2021 (Suspension Of Sentence)
1. By way of the present application, the appellant seeks suspension of sentence under Sections 341/307 of the Indian Penal Code, 1860 (IPC) in proceedings relating to FIR No.119/2017, Police Station Bharat Nagar, Delhi.
2. By way of the impugned order, the appellant has been sentenced rigorous imprisonment of 7 years for the offence under Section 307 of IPC along with fine and simple imprisonment of 1 month for the offence under Section 341 of IPC along with fine.
3. The Status Report as well as the Nominal Roll has been filed.
4. As per the Nominal Roll on record, as on 3rd July, 2023, the appellant has undergone 3 years 6 months of sentence and the remaining unexpired portion of the sentence is about 2 years 8 months. The Nominal Roll also records that the conduct of the appellant in jail has been satisfactory.
5. Learned APP appearing on behalf of the State opposes the present application on the ground that the appellant has been convicted of a serious offence and has also been previously involved in other offence as well.
6. To be noted that the other offence registered in FIR 447/17 is under Sections 379/356/411 of IPC for which t
The main legal point established in the judgment is the basis for grant of bail in cases other than life sentence cases, as per the directions of the Hon'ble Supreme Court.
Suspension of sentence granted pending appeal based on the Appellant's prior bail status and the acquittal of co-accused, highlighting concerns over the conviction's validity.
The court has the discretion to suspend the sentence of a convict during the pendency of an appeal, especially when the appeal is not likely to be heard expeditiously.
The court may suspend a sentence of imprisonment pending appeal where the sentence is for a fixed short term and the appeal is unlikely to be heard in the near future, provided the applicant adheres ....
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