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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Amritpal @ Mannu - Appellant
Versus
State - Respondent
Crl.A. 174 of 2019
Decided On : 09-12-2022
| Table of Content |
|---|
| 1. suspension of sentence application details. (Para 1 , 2 , 3) |
| 2. conditions for suspension of sentence. (Para 4) |
| 3. disposal and listing of the appeal. (Para 5 , 6) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.(BAIL) 497/2022 (suspension of sentence)
1. The present application has been filed under Section 389 Cr. PC on behalf of the appellant seeking suspension of sentence in FIR No. 511/2017 lodged at PS Nihal Vihar under Sections 376/IPC 5/6 POCSO Act.
2. Earlier, application for suspension of sentence bearing CRL. M. (Bail) 306/2019 in which notice was dismissed by this Court vide order dated 15th February, 2019.
3. Learned counsel for the petitioner submits that as per the last nominal roll, the appellant has already undergone custody of 7 years and 8 months and three days. The unexpired portion of sentence is only 1 years and four months. The nominal roll was filed on 10th May, 2022. Practically, now there is around 9 months of unexpired portion of the left sentence. The appeal still may take some time for consideration.
4. 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.20,000/- with one surety of the like amount to the satisfaction of the learned Trial Court, subject to the following conditions:
(i) The appellant shall remain available on mobile number i.e. 9717571188, which he undertakes to keep operational during the pendency of the present appeal.
(ii) The appellant shall further remain in touch telephonically with SI Ramesh /Duty officer, P.S. Nihal Vihar, Delhi on mobile number i.e. 8700041995 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. Nihal Vihar, Delhi.
(iv) The appellant shall remain present in the Court as and when appeal is taken up for hearing.
5. The present application is disposed of accordingly.
CRL.A. 174/2019
6. List this appeal in due course in the category of `Regulars' as per the year of its seniority.
AI
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 granted suspension of sentence pending appeal under specific conditions, emphasizing the need for the Appellant to remain reachable.
Suspension of sentence can be granted based on circumstances and previous similar orders for co-convicts, with conditions to ensure compliance.
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 established that under Section 389 CrPC, the suspension of sentences is warranted in cases of significant delays in appeal hearings to uphold the rights of the accused and prevent injustice....
The court has the discretion to suspend sentences under Section 389 CrPC to prevent the frustration of the purpose of filing the appeal.
The court has the discretion to suspend sentences under Section 389 Cr.P.C. pending the appeal, based on the entirety of facts and circumstances.
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