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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA
Raj Kumar Alias Rinku – Appellant
Versus
State NCT of Delhi – Respondent
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 f
Suspension of sentence and bail granted based on the appellant's prior bail status and time served, with conditions imposed.
The court suspended the appellant's sentence based on time served and good conduct, allowing bail with specific conditions.
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.
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.
The court granted suspension of sentence pending appeal under specific conditions, emphasizing the need for the Appellant to remain reachable.
The court may suspend the execution of a sentence pending appeal to ensure justice, especially when co-convicts have received similar relief.
The court suspended the appellant's sentence and granted bail based on the survivor's lack of objection and the appellant's compliance with bail conditions during trial.
The court has the discretion to suspend substantive sentences under Section 389 Cr.P.C. based on the arguments and facts of the case.
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.
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