IMPORTANT POINT
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.

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 the appellant has already been granted bail.

7. In view of the aforesaid facts and circumstances, the Court is of the considered view that the appellant is entitled for regular suspension of sentence. The appellant has undergone substantial period of sentence and the appeal is likely to take some time for hearing. In view of the directions of the Hon'ble Supreme Court in Sonadhar v. The State of Chhattisgarh, SLP (Crl.) 529/2021 vide order dated 6th October, 2021, as well as Saudan Singh v. State of Uttar Pradesh, 2021 SCC OnLine SC 3259 (where the Hon'ble Supreme Court has stated that in cases other than life sentence cases the broad parameter of 50 per cent of the actual sentence undergone can be the basis for grant of bail) this Court deems it fit to suspend the sentence of the appellant. It is therefore directed that the sentence of the appellant be suspended pending the hearing of the appeal, on furnishing a personal bond in the sum of Rs.25,000/- with one surety bond of the like amount, subject to the satisfaction of the learned Trial Court/CMM/Duty Magistrate, further subject to the following conditions:

i. Appellant will not leave the country without prior permission of the Court.

ii. Appellant shall provide permanent address to the Ld. Trial. Court. The appellant shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address.

iii. Appellant shall appear before the Court as and when the matter is taken up for hearing.

iv. Appellant shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned. The mobile location be kept on at all times.

v. Appellant shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/victim or any member of the complainant/victim's family or tamper with the evidence of the case.

8. Needless to state, any observation touching the merits of the case is purely for the purposes of deciding the question of suspension of sentence and shall not be construed as an expression on the merits of the matter.

9. Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

10. Accordingly, the application is disposed of.

CRL.A. 172/2021

11. The appeal be listed in due course.