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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Mahanand Sharma – Appellant
Versus
Central Bureau Of Investigation – Respondent
ORDER :
Crl. M.A. 1251/2025
1. Allowed subject to all just exceptions.
2. The Application is disposed of.
Crl. M. (B) 98/2025
3. The present Application under Section 389 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Appellant seeking suspension of sentence during pendency of the present Appeal.
4. The Appellant vide Judgment dated 20.12.2024, has been held guilty of committing offence under Section 120B read with Sections 420/468/471 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’). He has also been held guilty for committing substantial offence under Sections 420/511/468/471 IPC. Vide Order on Sentence dated 03.01.2025, the Appellant has been directed to undergo Rigorous Imprisonment of six months with fine of Rs.3,00,000/- in default of payment of fine, to undergo Simple Imprisonment for three months for the offence under Section 120B r/w Section 420/468/471 IPC. Besides, Appellant has also been sentenced to undergo Rigorous Imprisonment for six months and pay fine of Rs.1,00,000/- in default two months Simple Imprisonment for offence under Section 420/511 IPC; Rigorous Imprisonment for three years with fine of Rs.1,00,000/- and in d
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 and bail granted based on the appellant's prior bail status and time served, with conditions imposed.
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.
Suspension of sentence granted based on time served and compliance with conditions, ensuring accountability during appeal.
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 during an appeal if the appellant has served a significant portion of the sentence and is not involved in other cases.
The court states that post-conviction bail requires strong reasons and must consider the appeal's merits, emphasizing that a sentence should not run if it renders the appeal infructuous.
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