$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1024/2025 & CRL.M.A. 21146/2025 RAM PRATAP MAHTO .....Appellant Through: Mr. Sahil Mongia and Ms. Sanjana Somor, Advs. Mr. Abhay Kumar, Mr. Vineet Kumar Singh, Mr. Shagun Ruhil and Mr. Karan Chopra, Advs.

versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Yudhvir Singh Chaudhan, APP for State with SI Vikash Fageria, PS Subzi Mandi. SI Sonu Kumar, PS Ranhola.

Mr. Sidharth Jain, Adv. for R-6.

CORAM:

HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 15.12.2025 CRL.M.A. 21146/2025

1. The present application has been filed under Section 430 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking suspension of sentence till pendency of his appeal.

2. Appellant, along with his co-accused, was sent to face trial for commission of offences under Sections 302/34, 308/34 and 325/34 of the Indian Penal Code, 1860 (IPC) and has been convicted for offence punishable under Sections 302/308/34 IPC.

3. The appeal has already been admitted.

4. Learned APP for the State, while vehemently opposing the present application, submits that the appellant stands convicted for a grave offence. He further submits having regard to the gravity of the offence, the manner in which it was committed, and the nature of evidence relied upon, the application of the appellant seeking suspension of sentence may be dismissed. 5. Learned counsel submits that the appellant has a strong prima facie case on merits and the appeal is likely to succeed, as the testimony of eye witnesses suffers from material contradictions and significant inconsistencies. Moreover, they are interested witnesses, who have not even corroborated on material facts.

6. Learned counsel further submits that the appellant has undergone more than 08 years of incarceration, has clean antecedents and has maintained satisfactory conduct inside the jail. He submits that the hearing of the appeal is not likely to be concluded in the near future.

7. He submits that the appellant is the sole bread earner of his large family, which comprises his aged and ailing father, aged about 85 years, and his aged mother, aged about 70 years, both of whom are suffering from ailments associated with advanced age and are dependent upon the appellant for their care and assistance. The appellant’s wife is a housewife who is somehow taking care of his three children. Thus, the presence of appellant is indispensable for care and financial assistance of his family.

8. Learned counsel further submits that co-accused Rajesh Mahto has been granted bail by the Co-ordinate Bench of this Court vide order dated 27.08.2025 and even as per the prosecution’s case, the role attributed to the appellant in milder vis-a-vis his co-accused and, therefore, on the ground of parity, he prays, the sentence of the appellant be suspended during the pendency of the appeal.

9. We have heard learned counsel for the appellant as well as learned APP for the State and have carefully perused the record.

10. This Court is conscious of the fact that the appeal is of the year 2025 and is not likely to be heard in the near future.

11. The perusal of the Nominal Roll reveals that appellant has undergone incarceration for more than 08 years and 02 months and his overall conduct of in jail has been recorded as Satisfactory, wherein, he is working as Safai Panja, earning wages and sending assistance to his family.

12. Keeping in mind the above-said aspects, the period of incarceration undergone by the appellant, and the fact that co-accused is already on bail, the sentence awarded to the appellant is hereby suspended on her furnishing personal bond in a sum of Rs. 25,000/-, with one surety in like amount, subject to the satisfaction of the learned Trial Court and further subject to the following conditions:

i. Appellant shall not leave the country without prior permission of the learned Trial Court and shall surrender her passport, if any, before the learned Trial C