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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Mahajan
Deshraj Ahirwar @ Bhandu (In JC) – Appellant
Versus
State (Govt. of NCT) Of Delhi – Respondent
ORDER :
CRL. A. 415/2020
1. The present appeal is filed against the judgment dated 18.01.2020 and the order on sentence dated 28.01.2020, passed by the learned Special Judge (POCSO Act) / ASJ-05 (Central), Tis Hazari Court, Delhi, in Session Case No. 227/18 arising out of FIR No. 694/17, registered at Police Station Burari, for offences under Sections 376 of the Indian Penal Code, 1860 and Section 8/10/12 of the Protection of Children from Sexual Offences Act, 2012.
2. The present appeal was admitted by order dated 30.07.2021.
3. List in due course.
CRL.M.(BAIL) 607/2024 & CRL.M.(BAIL) 70/2025
4. CRL.M.(BAIL) 607/2024 has been filed by the appellant seeking suspension of sentence and his release on bail during the pendency of the present appeal.
5. CRL.M.(BAIL) 70/2025 has been filed by the appellant seeking interim suspension of sentence and grant of interim bail for a period of two months, during the pendency of the present appeal, in order to enable the appellant to arrange separate accommodation for his wife and minor daughters.
6. It is pointed out that the appellant has already undergone half of the sentence. It is stated that out of the 15 years of sentence awarded, the unexpired po
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.
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 court granted bail pending appeal, emphasizing the right to appeal and the potential injustice of prolonged incarceration if the conviction is later overturned.
The court retains discretion to grant bail pending appeal even if the accused has not served half of the sentence, emphasizing the protection of rights under Article 21.
Suspension of sentence and bail may be granted if the applicant has served more than half of a fixed term sentence and the appeal is unlikely to be heard before the sentence is completed.
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