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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA, J.
Nand Kishore - Petitioner
Versus
State (GNCT of Delhi) - Respondent
Crl.Rev.P. 1057 of 2024
Decided on : 07-01-2025
(A) Code of Criminal Procedure, 1973 - Sections 389 and 482 - Application for suspension of sentence - Applicant sentenced to two years for Section 304A IPC and six months for Section 279 IPC - Sentence allowed to be suspended during pendency based on duration already served and compliance with conditions. (Paras 1, 3)
(B) Conditions for suspension - Applicant required to furnish personal bond and inform changes in contact details - Not permitted to leave the country without court permission. (Paras 3)
Facts of the case:
The applicant was sentenced to rigorous imprisonment for two years and six months for offenses under IPC, with compensation ordered for victims. He has served 4 months and 25 days in custody and paid the imposed fines.
Findings of Court:
The application for suspension of sentence is allowed based on the time already served and compliance with specified conditions.
Issues: Whether the sentence can be suspended considering the time served and applicant's conduct.
Ratio Decidendi: The court ruled in favor of suspending the sentence due to the applicant's compliance with conditions and the duration already served, ensuring that the applicant remains accountable during the appeal process.
Result: Application for suspension of sentence allowed.
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 applicant. He further states that the applicant has already undergone period of 04 months and 25 days in judicial custody. He further states that the applicant is not involved in any other case and that the sentence imposed on the appellant in the present case may be suspended during the pendency of the petition.
3. Having regard to the aforesaid facts and circumstances of the case and the fact that out of sentence of two years, he has already undergone a sentence of four months and 25 days, the present application is allowed. It is directed that the sentence imposed on the applicant shall remain suspended during the pendency of the present petition, subject to his furnishing a personal bond to the tune of Rs. 20,000/- with one surety bond of the like amount, subject to the satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions:
i) The applicant shall not leave the country without prior permission of the concerned Court.
ii) In case of change of residential address/contact details and phone number, the applicant shall promptly inform the same to the concerned Trial Court.
4. Accordingly, the present application stands disposed of.
CRL. REV. P. 1057/2024
5. List in due course in the category of 'regular matters'.
6. The order be uploaded on the website forthwith.
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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