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2024 Supreme(Online)(DEL) 24370
HIGH COURT OF DELHI
Amit Sharma, J
AMIT SOLENKI & ANR. – Appellant
Versus
STATE (NCT OF DELHI) – Respondent
CRL.A. 366/2024
ZEESHAN DIWAN
The court upheld the convictions under IPC and Arms Act while allowing bail based on the sentence's quantum and prior bail granted during trial.
Headnote:(A) Code of Criminal Procedure, 1973 - Sections 374(2), 482, and 389 - Appeal against conviction and sentence - Appellant no. 1 convicted under Sections 307/34 IPC and sentenced to 1 year rigorous imprisonment; Appellant no. 2 convicted under Section 307 IPC and Section 25(1B)(b) of the Arms Act, sentenced to 3 years and 1 year respectively - Bail application allowed during pendency of appeal. (Paras 3, 4, 8, 10)
(B) Conviction and Sentencing - The court upheld the conviction of both appellants while allowing bail based on the quantum of sentence and previous bail granted during trial. (Paras 4, 10)
Facts of the case:
The appeal arises from a conviction under Sections 307/341/34 IPC and Sections 25/54/59 of the Arms Act, with sentences imposed on both appellants for their respective roles in the crime.
Findings of Court:
The court admitted the appeal and allowed the bail application, emphasizing the conditions for release.
Issues: The main issues included the validity of the conviction and the appropriateness of the sentence imposed.
Ratio Decidendi: The court reasoned that the quantum of sentence justified the granting of bail, considering the appellants had previously been granted bail during trial.
Result: Application allowed.
1. Exemption allowed, subject to just exceptions.
2. The application is accordingly disposed of.
CRL.A. 366/2024
3. The present appeal under Section 374 (2) read with Section 482 of the Code of Criminal Procedure , 1973 has been filed against the judgment of conviction and order on sentence dated 27.02.2024 and 19.03.2024 respectively, passed by learned Principal District & Sessions Judge, West District, Tis Hazari Courts, New Delhi in Sessions Case No. 358/2019, arising out of FIR No. 241/2017, under Sections 307/341/34 of the IPC and Sections 25/54/59 of the Arms Act , registered at P.S. Khyala.
4. Vide the impugned judgment of conviction the appellant no. 1 has been convicted under Sections 307/34 of the IPC . The appellant no. 1 has been sentenced to undergo 1 year of rigorous imprisonment for the offences punishable under Sections 307/34 alongwith fine of Rs. 100/- and a further simple imprisonment for a period of 7 days in default of payment of fine.
The appellant no. 2 has been convicted under Section 307 of the IPC and Section 25(1B)(b) of the Arms Act . The appellant no. 2 has been sentenced to undergo rigorous imprisonment for 3 years for the offence punishable under Section 307 of the IPC alongwith fine of Rs. 100/- and a further simple imprisonment for 7 days in default of payment of fine. The appellant no. 2 has also been sentenced to undergo rigorous imprisonment for 1 year for the offence punishable under Section 25(1B)(b) of the Arms Act alongwith fine of Rs. 100/- and a further simple imprisonment for 7 days in default of payment of fine.
5. Admit.
6. The Registry is directed to requisition the Trial Court record with proper index, bookmark and pagination for perusal of this Court before the next date of hearing.
7. List on 26.07.2024. CRL.M.(BAIL) 627/2024
8. The present application under Section 389 CrPC seeks suspension of sentence and release of the appellants on bail during pendency of the instant appeal.
9. Learned counsel appearing on behalf of the appellants submits that the latter have been granted bail by the learned Trial Court during the course of the trial Court proceedings and their sentence has been suspended vide order dated 19.03.2024 for the filing of the present appeal.
10. Keeping in view the quantum of sentence, the present application is allowed. The appellants/applicants are directed to be released on bail, on their furnishing a personal bond of Rs. 10,000/- each with one surety of like amount, to the satisfaction of the learned Trial Court, further subject to following conditions:
- i. The appellants/applicants shall not leave the country without prior permission of this Court.
- ii. The appellants/applicants shall intimate this Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
- iii. The appellants/applicants shall appear before this Court as and when the matter is taken up for hearing.
- iv. The appellants/applicants shall provide their mobile number to the Investigating Officer and intimate about any change.
11. In view of the aforesaid, the application is allowed and disposed of accordingly.
12. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.
13. Order be uploaded on the website of this Court forthwith.
