IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Narula
Anil Kumar – Appellant
Versus
State Govt. Of NCT Of Delhi – Respondent
ORDER :
CRL.M.(BAIL) 28/2025 (for suspension of sentence)
1. The Appellant has been convicted in S.C. No. 7671/2016 arising from the FIR No. 3086/2015 under section 354, 354A (2) read with section 354A(1)(i)/354-B/ 376(2), 506 (Part II) of the Indian Penal Code, 1860, [“IPC”] and Section 6 read with Section 5(n) and Section 10 read with Section 9(n) of the Protection of Children from Sexual Offences Act, 2012 registered at P.S. Mehrauli, New Delhi.
2. By judgment dated 22nd March, 2024 passed by the ASJ (FTSC) (POCSO), South District, Saket Court, New Delhi for offences under Section 354, 354A(2) read with Section 354A(1)(i), 354B, 376(2), 506 (Part II) of the Indian Penal Code, 1860 [“IPC”] and Section 6 read with Section 5(n) and Section 10 read with Section 9(n) of the Protection of Children from Sexual Offences Act, 2012, [“POCSO”] and as per order on sentence dated 12th September, 2024, the Appellant has been sentenced to undergo rigorous imprisonment for 7 years for offence under section 10 read with Section 9 of the POCSO Act and is further directed to undergo rigorous imprisonment for 10 years for offence under Section 6 of the POCSO Act. Furthermore, he has been sentenced to
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.
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.
Prolonged incarceration without imminent appeal hearing justifies suspension of sentence, aligning with Supreme Court directives on bail for long-term convicts.
Life convicts who have served over 10 years may be granted bail pending appeal unless there are extenuating circumstances for denial.
A convict who has served substantial time in custody may have their sentence suspended pending appeal if no extenuating circumstances exist against such bail.
The court may suspend a sentence if the appellant has served over 10 years and there are no extenuating circumstances for denial of bail.
The court may suspend a sentence pending appeal if the accused has served a substantial part of the sentence and the appeal is unlikely to be heard soon, emphasizing the right to personal liberty.
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.
The main legal point established in the judgment is the consideration of suspension of sentence and bail for persons who have completed 10 years of sentence and whose appeal is not in proximity of he....
Prolonged custody without hearing and absence of aggravating circumstances justify suspension of sentence and grant of bail.
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