IN THE HIGH COURT OF DELHI AT NEW DELHI
IRSHAD VS. STATE
CRL.A. 827/2023
$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 827/2023 MANOJ SHAH & ORS. .....Appellants Through: Mr. Anubhav Singh, Mr. Nitin Kumar and Ms. Maria Mary, Advocates.
versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Pradeep Gahalot, APP for the State with A.S. I. Vikram Singh, PS Karawal Nagar.
CORAM:
HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA
O R D E R
% 22.01.2026 CRL.M.(BAIL) 143/2026 (Suspension Of Sentence
1. This application under Section 430 of the BharatiyaNagarik Suraksha Sanhita, 2023, has been filed on behalf of the appellant nos. 1 and 2/accused nos. 1 and 3, seeking suspension of sentence. The appellants have been convicted for the offences punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 (the IPC). Vide the order on sentence dated 23.08.2023, the appellant no. 1 has been sentenced to undergo rigorous imprisonment for a period of seven years along with payment of fine of ₹ 20,000/- for the offence punishable under Section 307 read with Section 34 IPC and the appellant no. 2 has been sentenced to undergo rigorous imprisonment for a period of seven years along with payment of fine of ₹ 1,000/- for the offence punishable under Section 307 read with Section 34 IPC. In default of payment of the fine, the appellants have been directed to undergo simple imprisonment for three months each. The benefit of Section 428 of the Code of Criminal Procedure, 1973, has been extended to the appellants.
2. The appellants/accused nos. 1, 3 and 4 are the husband and the in-laws of the victim in this case.
3. It is submitted by the learned counsel for appellant nos. 1 and 2/accused nos. 1 and 3 that they have served the sentence for more than three years out of the seven years.
4. It is submitted by the learned Additional Public Prosecutor that the appellant nos. 1 and 2/accused nos. 1 and 3 do not have any criminal antecedents.
Since the appeal is of the year 2023, there is no possibility of the appeal being taken up in the near future and in view of the fact that the appellants/accused persons has served three years out of the total sentence, the sentence of the appellant nos. 1 and 2/accused nos. 1 and 3 is suspended during the pendency of the appeal on execution of a personal bond of ₹15,000/- with two solvent suretiesof the like amount each to the satisfaction of the trial court subject to the following conditions:-
(i) The appellant shall not commit any offence(s)
while on bail.
(ii) The appellant shall provide his mobile number to the Station House Officer (SHO) concerned, on which he shall remain available during the pendency of the present appeal. In case of change in the number, he shall inform the SHO forthwith.
(iii) In case of change of residential address or contact details, the appellant shall promptly inform the SHO concerned as well as to this Court.
(iv) The appellant shall not directly/indirectly try to contact the victim or any other prosecution witnesses.
(v) The appellant shall appear before the Court as and when directed.
(vi) Needless to say, in the event of violation of any of the aforementioned condition(s), the suspension of sentence granted shall forthwith stand cancelled.
5. With the above directions, the application is disposed of. 6. A copy of this order be communicated electronically to the Jail Superintendent concerned for information and compliance.
CRL.A. 827/2023
7. List on 12.08.2026.
CHANDRASEKHARAN SUDHA, J JANUARY 22, 2026/RS
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