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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Nand Kishore – Appellant
Versus
State (GNCT of Delhi) – Respondent
ORDER :
CRL. M. (BAIL) 1420/2024 (Suspension of Sentence)
1. The present application under Section 389 read with Section 482 of the Code of Criminal Procedure, 1973 ( hereafter "Cr.P.C.") has been filed on behalf of the revisionist/applicant praying inter alia for suspension of sentence awarded to him, vide order on sentence dated 09.11.2023, whereby he was sentenced (i) to undergo rigorous imprisonment for a period of two years with fine of Rs.1,000/- for offence punishable under Section 304A of IPC, and in default of payment of fine, to undergo further simple imprisonment for a period of four months (ii) to undergo rigorous imprisonment for a period of six months with fine of Rs. 1,000/- for offence punishable under Section 279 of IPC, and in default of payment of fine, to undergo further simple imprisonment for a period of one month, alongwith directions to pay compensation to the tune of Rs.50,000/- to the LRs of each of the deceased victims, which would be deposited in the Court. Sentence awarded was ordered to run concurrently. Benefit of Section 428 Cr.P.C was extended to the convict.
2. The learned counsel for the applicant submits that aforesaid fine has been paid by the a
Suspension of sentence granted based on time served and compliance with conditions, ensuring accountability during 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 and bail granted based on the appellant's prior bail status and time served, with conditions imposed.
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 court granted suspension of sentence pending appeal under specific conditions, emphasizing the need for the Appellant to remain reachable.
The court may suspend a sentence if the petitioner meets certain conditions, including prior bail status and compliance with legal obligations.
The court has the discretion to suspend the sentence and grant bail under Section 397/401 Cr.P.C. based on the facts and circumstances of the case.
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
The court may suspend a substantive sentence pending appeal if the accused was on bail during trial, subject to conditions.
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