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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Meenakshi (Dr.) - Appellant
Versus
State - Respondent
Crl.A. 1464 of 2019
Decided On : 01-12-2022
| Table of Content |
|---|
| 1. suspension of sentence application filed. (Para 1) |
| 2. previous suspensions of co-convicts noted. (Para 2) |
| 3. conditions for suspension of sentence established. (Para 3) |
| 4. application disposed of. (Para 4) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.(BAIL) 2245/2019 (suspension of sentence)
1. The present application has been filed under Section 389 Cr. PC with Section 482 Cr. PC on behalf of the appellant seeking suspension of sentence in FIR No. 184/2011 under Sections 307/120B/34 IPC and under Sections 25/27 of Arms Act, 1959.
2. Learned counsel for the appellant submits that the sentence of the co-convict Pawan Kumar has already been suspended by this Court in CRL. A. 349/2020 vide order dated 10th August, 2020. It has also been submitted that the sentence of co-accused Dr. Vinod Kumar has also been suspended by the co-ordinate Bench of this Court vide order dated 16th June, 2020 in CRL. A. 22/2020. The sentence of the appellant has already been suspended by the learned Trial Court under Section 389 Cr. PC.
3. Taking into account the totality of facts and circumstances and the fact that the hearing of the appeal may take some time, the sentence of the appellant is suspended subject to furnishing of personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent/Duty MM, subject to the following conditions:
(i) The appellant shall remain available on his mobile number i.e. 8766378589, which he undertakes to keep operational during the pendency of the present appeal.
(ii) The appellant shall further remain in touch telephonically with SI Gautam Sagar/Duty officer, P.S. K.N. Katju Marg, Delhi on mobile number: 9810446047 as well as IO/SHO, P.S. Vijay nagar, Ghaziabad on the first Monday of every month.
(iii) In the event of change of his residential address/contact details, the appellant shall promptly inform the same to the I.O./SHO, P.S. K.N. Katju Marg, Delhi as well as IO/SHO, P.S. P.S. Vijay Nagar, Ghaziabad.
(iv) The appellant shall remain present in the Court as and when appeal is taken up for hearing.
4. The present application is disposed of accordingly.
CRL.A. 1464/2019
Admitted.
List this appeal in due course in the category of 'Regulars' as per the year of its seniority.
AI
Suspension of sentence can be granted based on circumstances and previous similar orders for co-convicts, with conditions to ensure compliance.
The court can suspend a sentence if the appellant has served a significant portion and the appeal may take time, provided certain conditions are met.
The court has the discretion to suspend the substantive sentence under Section 389 Cr.P.C. until the final disposal of the appeal, based on the circumstances of the case.
The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
The court granted suspension of sentence pending appeal under specific conditions, emphasizing the need for the Appellant to remain reachable.
The court established that under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process if justified by the circumstances of the case.
The court may allow the suspension of sentences if the grounds raised by the appellant for suspension are arguable and the disposal of the appeal would consume time.
The court has the discretion to suspend a substantive sentence in light of exceptional circumstances, such as the COVID-19 pandemic, and may impose specific conditions for the suspension.
The court has the discretion to suspend the substantive sentence under Sec.389 Cr.P.C. based on the totality of facts and circumstances, including the custody period and the anticipated delay in the ....
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
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