Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma
Raja Khan – Appellant
Versus
State (GNCT) Of Delhi – Respondent
ORDER :
1. This hearing has been done through hybrid mode.
CRL. M. (BAIL) 457/2024 (suspension of sentence)
2. The present application under Section 389 of the CrPC seeks suspension of sentence and release of the appellant during the pendency of the instant appeal.
3. Vide the impugned judgment and order on sentence dated 24.07.2023 and 24.08.2023, the appellant has been convicted under Sections 392/397/411 of the IPC. The appellant has been sentenced to undergo rigorous imprisonment for a period of 7 years along with a fine of Rs. 1000/- and in default of payment of fine simple imprisonment for 1 month for the offence punishable under Section 397 of the IPC. The appellant has been sentenced to undergo rigorous imprisonment for a period of 5 years along with a fine of Rs. 1000/- and in default of payment of fine simple imprisonment for 1 month for the offence punishable under Section 392 of the IPC. The appellant has been further sentenced to undergo rigorous imprisonment for a period of 1 year along with a fine of Rs. 1000/- and in default of payment of fine simple imprisonment for 1 month for the offence punishable under Section 411 of the IPC.
4. As per the nominal roll dated 04.05.2
The court suspended the appellant's sentence based on time served and good conduct, allowing bail with specific conditions.
Suspension of sentence and bail granted based on the appellant's prior bail status and time served, with conditions imposed.
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 granted bail to the appellant pending appeal, emphasizing compliance with conditions to protect the victim and ensure legal proceedings.
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 basis for grant of bail in cases other than life sentence cases, as per the directions of the Hon'ble Supreme Court.
Suspension of sentence granted pending appeal based on the Appellant's prior bail status and the acquittal of co-accused, highlighting concerns over the conviction's validity.
Suspension of sentence granted based on time served and compliance with conditions, ensuring accountability during appeal.
The court has the discretion to suspend a jail sentence under Section 389(1) of Cr.P.C based on the circumstances of the case, including the conduct of the appellant and the likelihood of the appeal ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
