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IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma
Sunder Kumar – Appellant
Versus
State NCT of Delhi – Respondent
ORDER :
CRL. M. (BAIL) 294/2025 (Suspension of Sentence)
1. By way of instant application, the applicant seeks suspension of sentence during the pendency of the present appeal. It is stated that vide impugned judgment dated 18.11.2024 passed by the learned Additional Sessions Judge, (FTSC) RC-01, West District, Tis Hazari Courts, Delhi in SC No. 334/2020, the appellant has been convicted for the offence punishable under Sections 354B/328/342 of Indian Penal Code, 1860 (hereafter ‘IPC’) and vide order on sentence dated 16.12.2024, he has been sentenced to undergo (i) rigorous imprisonment for five years for the offence under Section 354B of IPC with fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for a period of two months, (ii) rigorous imprisonment for five years for the offence under Section 328 of IPC with fine of Rs.3,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month, (iii) rigorous imprisonment for six months for the offence under Section 342 of IPC with fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month. It was further directed that al
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 granted based on time served and compliance with conditions, ensuring accountability during appeal.
Mitigating circumstances, including health issues and time served, justify the suspension of a sentence pending appeal.
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.
The court granted suspension of sentence pending appeal under specific conditions, emphasizing the need for the Appellant to remain reachable.
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.
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