O R D E R

% 19.09.2024

1. This hearing has been done through hybrid mode.

CRL.M.A. 28388/2024 (exemption)

2. Allowed, subject to all just exceptions. The application is disposed of.

CRL.A. 884/2024

3. The present appeal under Section 374 Cr.P.C. has been filed by the Appellant - Mukesh challenging the impugned judgment of conviction dated 5th July, 2024 and the order on sentence dated 17th August, 2024 passed by the ld. ASJ/Special Judge (NDPS), North District, Rohini Courts, Delhi in Sessions Case No. 58310/2016 arising out of FIR No.524/2014, registered at P.S. Jahangir Puri under Sections 302/307/308/34/174A of the IPC. Vide the impugned judgment, the Appellant has been convicted under Sections 302/307/323/34 of the IPC and sentenced accordingly. The relevant portion CRL.A.884/2024 Page1of3 of the order on sentence is as follows:

“….I am of the considered view that ends of justice would be served, if CONVICT SANJAY, MUKESH, RAVI AND SACHIN @NATAare being sentenced as under:

1.) Under section 302 IPC- Sentenced to undergo life imprisonment (simple imprisonment) and to pay a fine of Rs. 10,000/- each. In default of payment of fine, convict shall further undergo, simple imprisonment for two years.

2.) Under section 307 IPC- Sentenced to undergo simple imprisonmentfor7yearsandtopayafineofRs.5,000/-each. In default of payment of fine, convict shall further undergo, simpleimprisonment for sixmonths.

3.) Under section 323 IPC- Sentenced to undergo simple imprisonment for 1 year and to pay a fine of Rs. 500/- each. In default of payment of fine, convict shall further undergo, simpleimprisonment for threemonths.”

4. Admit.

CRL.M.(BAIL) 1574/2024

5. Thepresent applicationis filedbytheapplicantunderSection389read with 482 of Cr.P.C. seeking suspension of sentence and release of the Appellant on bail during pendency of the instant appeal.

6. Ld. counsel for the Applicant submits that the latter has already undergone a sentence of about 6 years and 7 months as an undertrial prisoner and about 2 months upon conviction.

7. Issue notice.

8. Ld.APPfortheState-Mr.RiteshKumarBahriacceptsnoticeandseeks time to file a reply. Let the same be filed by the next date of hearing.

9. The Registry is directed to requisition the TCR and prepare the appeal paperbookwithproperindexing,paginationandbookmarksexpeditiouslyand providedigitizedcopiesthereoftolearnedCounselappearingonbehalfofthe CRL.A.884/2024 Page2of3 parties, upon request. Let the TCR be tagged along with this appeal by the next date of hearing.

10. In the meantime, the latest nominal roll be requisitioned from the concernedJailSuperintendentandbetaggedalongwiththeappealbythenext date of hearing.

11. Copy of the order be communicated to the concerned Jail Superintendent, for necessary information and compliance.

12. List on 19th November, 2024 alongwith CRL.A. 872/2024.

PRATHIBA M. SINGH, J.

AMIT SHARMA, J.

SEPTEMBER 19, 2024/bsr/Am/sc CRL.A.884/2024 Page3of3