Mitigating circumstances, including health issues and time served, justify the suspension of a sentence pending appeal.

ORDER :

Amit Mahajan, J.

CRL. M. (BAIL) 480/2025

1. This present application is filed by the applicant/petitioner seeking suspension of sentence in FIR No. 750/2015 dated 29.07.2015, under Sections 354D/506/509 of the Indian Penal Code, 1860 (‘IPC’) registered at Police Station Madhu Vihar.

2. None appears on behalf of the victim, despite notice.

3. By the judgement dated 25.08.2023, the learned Trial Court convicted the applicant for the offences punishable under Sections 354D/ 506 of the IPC. By the order on sentence dated 01.03.2024, the applicant has been sentenced to undergo simple imprisonment for two years for the offence under Sections 354D of the IPC along with a fine of Rs.5,000/- and to undergo simple imprisonment for six months for the offence under 506 of the IPC along with a fine of Rs.5,000/- and in default, to undergo simple imprisonment for three days.

4. The learned counsel for the applicant submits that pursuant to the registration of the FIR, the applicant has since married and is also suffering from various ailments. He submits that in case this Courts considers, limiting the sentence to the period already undergone, he has instructions to state that the applicant does not intend to challenge the judgement on conviction dated 25.08.2023. He submits that in view of the mitigating circumstances, the applicant’s matter be considered sympathetically.

5. The learned counsel for the applicant has handed over medical documents of the applicant which are taken on record. The documents show that the applicant has been receiving treatment from the Institute of Human Behaviour and Allied Sciences (‘IHBAS’) while in custody. He also, while in custody, suffered an epileptic attack for which he was hospitalised.

6. The conduct of the applicant had not been satisfactory during the course of trial and he was also declared proclaimed offender on account of non-appearance before the learned Trial Court. However, the mitigating circumstances cannot be ignored. The applicant has since married during the pendency of the present case about six months ago and is suffering from various ailments. The applicant has already undergone more than 04 months in custody.

7. It is relevant to note that the incident dates back to the year 2015 and the applicant has been pursuing the matter for over ten years. As pointed out, the applicant at the time of the incident was 19 years of age.

8. In view of the above, the order on sentence dated 01.03.2024 is suspended till the pendency of the present appeal. The appellant is directed to be released on furnishing a personal bond for a sum of Rs.20,000/- with two sureties of the like amount, subject to the satisfaction of the concerned Jail Superintendent, on the following conditions:

a. The appellant shall pay the fine amount as imposed by the order on sentence dated 01.03.2024 within a period of three weeks of his release. Proof of deposit of fine to be furnished to the concerned IO/SHO;

b. The appellant shall provide the address where he would be residing after his release and shall not change the address without informing the concerned IO/ SHO;

c. The appellant shall, under no circumstances, leave the country without the permission of the Court;

d. The appellant shall, upon his release, give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times;

e. The appellant shall appear before this Court as and when directed;

f. The applicant shall not reside within 5 kms of the victim’s residence and shall not contact the victim or her family members in any manner whatsoever.

CRL. REV. P. 5/2025

9. List on 24.07.2025.