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2024 Supreme(Online)(DEL) 17851

HIGH COURT OF DELHI
MS. JUSTICE JYOTI SINGH, J
AJHAR MOMIN – Appellant
Versus
STATE (NCT OF DELHI) – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Naiem Jahan Heena
For the Respondents: Ms. Richa Dhawan

ORDER

1. This is an application filed on behalf of the Appellant Ajhar Momin S/o Sh. Ajimuddin Mohammad, under Section 389 read with Section 482 Cr.P.C . seeking suspension of sentence during pendency of the appeal and release of the Appellant on bail.

2. Appellant was convicted vide judgment dated 07.05.2022, passed by the learned ASJ-01 (POCSO), East District, Delhi in Sessions Case No.2041/2016 arising out of FIR No.550/2016 registered at PS: Shakarpur, for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’). By order on sentence dated 20.08.2022, Appellant was sentenced to undergo RI for a period of 10 years and fine of Rs.10,000/- for offence punishable under Section 6 of the POCSO Act and in default of payment of fine, to further undergo SI for 6 months. Benefit of Section 428 Cr.P.C . was extended to the Appellant.

3. Learned counsel for the Appellant contends that Appellant has served CRL.A. 596/2022 more than half of the sentence awarded as he has already undergone over 8 years in custody. Reliance is placed on the orders of the Supreme Court in Sonadhar v. The State of Chhattisgarh , 2021 SCC OnLine SC 3182 and Sau

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