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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Mahajan
Manish Maurya Alias John Peter – Appellant
Versus
State of NCT of Delhi – Respondent
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 do
Mitigating circumstances, including health issues and time served, justify the suspension of a sentence pending appeal.
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.
The court may suspend a sentence on humanitarian grounds if the applicant demonstrates terminal illness.
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.
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.
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.
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