The court suspended the appellant's sentence based on time served and good conduct, allowing bail with specific conditions.

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 04.05.2024 received from Superintendent of Prison, Central Jail No.1, Tihar, New Delhi, the applicant/appellant, as on 04.03.2024, has already undergone incarceration for approximately 2 years 7 months including remission earned by him during the said custody period. The said custody period presently comes out to be around 3½ years. It is further submitted that as per the nominal roll, the appellant had been released on interim bail during the course of the trial and had not misused the liberty granted to him.

5. In view of the aforesaid, the sentence awarded to applicant/appellant, is suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court/Link Court, further subject to the following conditions:

i. The applicant shall not leave the country without prior permission of this Court.

ii. The applicant shall intimate this Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.

iii. The applicant shall appear before this Court as and when the matter is taken up for hearing.

iv. The applicant shall provide his mobile number to the Investigating Officer and intimate about any change.

6. In view of the aforesaid, the application is allowed and disposed of accordingly.

7. Needless to state that, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application.

8. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.

9. Order be uploaded on the website of this Court forthwith.

CRL. A. 238/2024

10. List in due course.