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2025 Supreme(Del) 284

IN THE HIGH COURT OF DELHI AT NEW DELHI 
AMIT SHARMA, J.
 
Raj Kumar Alias Rinku - Appellant 
Versus 
State NCT of Delhi - Respondent 
Crl. A. 556 of 2024
Decided on : 09-01-2025
 

Advocates Appeared:
For the Appellant :Mr. Rahul Sharma, Mr. Kshitij Goel, Mr. Pranay, Mr. Abhisek and Mr. Utkarsh Jaiswal, Advocates.
For the Respondent: Ms. Shubhi Gupta, APP for the State with SI Pradeep Chauhan

Suspension of sentence and bail granted based on the appellant's prior bail status and time served, with conditions imposed.

Headnote:(A) Indian Penal Code, 1860 - Sections 392, 120B, and 411 - Application for suspension of sentence and grant of bail during appeal - Appellant convicted and sentenced to rigorous imprisonment for 7 years under Sections 120B and 392, and 6 months under Section 411 - Court noted that the appellant has served approximately 1 year of the sentence and was on bail during trial - Complainant was informed but did not appear - Sentence of the appellant suspended, and bail granted on furnishing a personal bond of Rs. 25,000/- with conditions. (Paras 3, 5, 6, 7)

ORDER :

CRL. M. (BAIL) 1065/2024 

1. This hearing has been done through hybrid mode.

2. The present application under Section 389 of the Cr.P.C. seeks suspension of sentence and grant of bail during the pendency of the present appeal.

3. The present Appellant/Applicant was convicted for offences punishable under Sections 392/120B/411 of the IPC and was sentenced to undergo rigorous imprisonment for 7 years for the offence punishable under Section 120B of the IPC, rigorous imprisonment for 7 years for the offence punishable under Section 392 read with Section 120B of the IPC and simple imprisonment for 6 months for the offence punishable under Section 411 of the IPC.

4. A status report dated 06.01.2024 has been placed on record, wherein, it has been mentioned that the complainant has been informed of the present application. However, none appears on behalf of the complainant.

5. This Court has suspended the sentence of the co-convicts in CRL.A. 458/2024, vide separate order of the same date. It is recorded that the Appellant/Applicant has undergone approximately 1 year out of the sentence awarded to him and he was stated to be on bail during the course of the trial.

6. In totality of the facts and circumstances, the sentence awarded to Appellant/Applicant, is suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Trial Court/Link Court, further subject to the following conditions:

i. The Appellant/Applicant shall not leave the country without prior permission of this Court.

ii. The Appellant/Applicant shall intimate this Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.

iii. The Appellant/Applicant shall appear before this Court as and when the matter is taken up for hearing.

iv. The Appellant/Applicant shall provide his mobile number to the Investigating Officer and intimate about any change.

7. In view of the aforesaid, the application is allowed and disposed of accordingly.

8. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.

9. Order be uploaded on the website of this Court forthwith.

CRL. A. 556/2024 

10. List in due course.

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