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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIVEK CHAUDHARY, SHALINDER KAUR
Vijay – Appellant
Versus
State NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments for suspension of sentence. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. arguments against suspension of sentence. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. court's analysis on evidence and conduct. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 5. conclusion on suspension of sentence. (Para 36) |
JUDGMENT :
SHALINDER KAUR, J.
CRL.M.(BAIL) 1145/2025
1. The present application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the applicant/appellant, seeking Suspension of Sentence in FIR No.775/2014 dated 17.06.2014 for the offences punishable under Sections 302, 307, 365 and 34 of the Indian Penal Code, 1860 (IPC) and Section 25 and 27 of the Arms Act, 1959 (Subject FIR) registered at Police Station Narela.
2. The prosecution case, as it emerges from the record, is that on 17.06.2014 at about 7:55 a.m., DD No. 10-A was recorded at P.S. Narela regarding an incident of firing near Lampur Road, Narela, in which one person was stated to have sustained a gun-shot injury. On receipt of the information, SI Amit along with Ct. Lilu Ram reac
Suspension of sentence requires consideration of evidence credibility and likelihood of acquittal; prosecution must prove guilt beyond reasonable doubt, with independent witness testimony being cruci....
A post-conviction application for suspension of sentence requires strong compelling reasons, and the presumption of innocence does not apply.
In murder convictions, post-conviction suspension of sentence is rare; courts assess evidence's prima facie durability and must have compelling justifications.
The court's decision emphasized the importance of considering the nature of the charges, evidence, and punishment in bail applications, as well as the need to carefully evaluate inconsistencies in th....
The court reduced the appellant's sentence for illegal possession of a firearm due to its harshness while affirming the conviction for assault under IPC, emphasizing the need for correct punitive mea....
Suspension of sentence is only granted in exceptional circumstances, particularly when the conviction may not be sustainable, which was not established in this case.
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