$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1028/2024 JASWINDER SHARMA @ SONU .....Appellant Through: Mr. Abhinav Bajaj, DHCLSC with Mr. Saksham Ojha, Ms. Geetashi Chandna and Ms. Priya Fandon, Advs.

versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP.

SI Nitesh Mahiya, PS Sagarpur.

CORAM:

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

O R D E R

% 11.12.2025 CRL.M.(BAIL) 1830/2024 (seeking suspension of sentence and release of the applicant on bail)

1. The present appeal has been preferred by the appellant seeking quashing/setting aside of the impugned Judgment dated 18.05.2024 and Order on Sentence dated 19.09.2024, passed by learned Trial Court in Sessions Case No. 8436/2016 in FIR No. 13/2014, under Section 302 IPC, registered at Police Station Sagarpur, Delhi, whereby appellant has been held guilty and has been, inter alia, sentenced to undergo rigorous imprisonment for life.

2. Vide this application, the appellant is seeking suspension of his sentence during pendency of present appeal.

3. Mr. Abhinav Bajaj (DHCLSC), learned counsel for the appellant submits that the appellant has already undergone substantial incarceration of more than nine years and has clean antecedents.

4. It is submitted that there are contradiction in the statements of the prosecution witnesses and possibility of false implication does not stand ruled out. It is further submitted that his conduct in jail has been exemplary and during his earlier release spanning approximately two years, he never misused such liberty granted to him. He supplements that the hearing of the appeal is not likely to conclude in the near future and, therefore, the sentence of the appellant be suspended.

5. Learned APP for the State opposes the present application while submitting that this is a case of double murder and appellant does not deserve any such indulgence.

6. We have heard the learned counsel for the appellant and the learned APP for the State and have perused the record.

7. This Court is also conscious of the fact that the appeal is of the year

2024 and is not likely to be heard in near future.

8. The perusal of the Nominal Roll reveals that the appellant has undergone incarceration for around nine years and his conduct in jail has been satisfactory where he is working as Sahayak at Textile factory. He has no other complicity in any other criminal matter, as per his affidavit.

9. Keeping in mind the abovesaid aspects and the incarceration period of the appellant, the sentence awarded to the appellant is hereby suspended on his furnishing personal bond in a sum of Rs. 25,000/-, with one surety in the 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 his passport, if any, before the learned Trial Court. In case, he does not possess any passport, he shall state so before the learned Trial Court, by way of affidavit.

ii. Appellant shall provide his residential address, contact details and mobile numbers to the learned Trial Court. In case of any change in their residential address and other contact details, the appellant shall immediately intimate the learned Trial Court by way of an affidavit as well as to the concerned SHO/IO, so that as and when the appeal is taken up for hearing, he is duly intimated. Such contact details shall also be, in the same manner, furnished with the Registry of this Court and would form part of Appeal-Record.

iii. Appellant shall not indulge in any criminal activity and shall not communicate with or come in contact with the deceased or any of the family members of the deceased, directly or indirectly.

10. The present application stands disposed of in aforesaid terms.

11. A copy of this Order be sent to learned Trial Court and the Jail Superintendent for information and necessary compliance .

CRL.A. 1028/2024

12.