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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma
Naseem – Appellant
Versus
State Of NCT Of Delhi – Respondent
ORDER :
1. This hearing has been done through hybrid mode.
CRL.M.(BAIL) 1700/2024
2. The present application under Section 430 of the BNSS seeks suspension of sentence and grant of bail during the pendency of the present appeal.
3. Vide the impugned judgment and order on sentence dated 27.01.2024 and 09.09.2024 respectively, the appellant has been convicted under Sections 8 of the POCSO Act and Sections 354, 341 of the IPC. The appellant has been sentenced to undergo rigorous imprisonment for a period of 3 years along with a fine of Rs. 5,000/- and in default of payment of fine simple imprisonment for 2 months for the offence punishable under Section 8 of the POCSO Act. The appellant has been further sentenced to undergo rigorous imprisonment for a period of 1 month for the offence punishable under Section 341 of the IPC.
4. In terms of the order dated 17.02.2025, a report dated 26.03.2025 from Secretary, Delhi State Legal Services Authority, South East, has been placed on record, wherein it is reflected that the compensation of Rs. 2,50,000/- has been disbursed and credited into the account of the survivor. Father of the survivor is present in court and confirms the same.
5. The sentenc
The court granted bail to the appellant pending appeal, emphasizing compliance with conditions to protect the victim and ensure legal proceedings.
The court suspended the appellant's sentence and granted bail based on the survivor's lack of objection and the appellant's compliance with bail conditions during trial.
The court suspended the appellant's sentence based on time served and good conduct, allowing bail with specific conditions.
The court condoned a 9-day delay in filing an appeal under the Limitation Act, emphasizing justice and admitted the appeal against conviction under IPC and POCSO Act.
Suspension of sentence and bail granted based on the appellant's prior bail status and time served, with conditions imposed.
The court suspended the execution of a two-year sentence under the POCSO Act pending appeal, emphasizing the importance of the Petitioner’s bail status and compliance with conditions.
The court may suspend a sentence if the appellant is on bail during trial and there is no immediate hearing of the appeal, subject to compliance with certain conditions.
The court granted suspension of sentence pending appeal under specific conditions, emphasizing the need for the Appellant to remain reachable.
The court may suspend a sentence during an appeal if the appellant has served a significant portion of the sentence and is not involved in other cases.
Suspension of sentence is warranted when a convict has served more than half of the sentence and the appeal process is expected to take time.
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