1. Appeal against conviction for offence under Section 325/34 IPC with sentence of two years and fine. (Para 2 )
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2026 Supreme(Online)(Del) 22164
IN THE HIGH COURT OF DELHI AT NEW DELHI
Girish Kathpalia, J
Sudershan Singh – Appellant
Versus
State (Govt. of N.C.T, Delhi) – Respondent
CRL.A. 992/2026 | CRL.M.A. 31326/2026 | CRL.M.(BAIL) 1905/2026 | CRL.M.A. 31325/2026
Important Points
The court may suspend the sentence of a convict pending appeal if the appellant has spent time in custody and the State raises no objection.
Subject
Criminal Law - Suspension of Sentence
Act Referred
Headnote
(A) Criminal Law - Suspension of Sentence - Conviction under Section 325/34 IPC - Where the appellant has already spent time in jail and the State has no objection, the sentence is suspended pending disposal of the appeal. (Para 5, 6)
(B) Procedural Law - Admission of Appeal - Appeal against conviction admitted to be heard. (Para 7)
Issues: Whether the sentence of the appellant should be suspended pending the disposal of the appeal.
(B) Procedural Law - Admission of Appeal - Appeal against conviction admitted to be heard. (Para 7)
Issues: Whether the sentence of the appellant should be suspended pending the disposal of the appeal.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Satish Tamta, Ayub Khan, Manavi Joshi, Sonika Rathore, Mahak
For the Respondents: Manjeet Arya
For the Appellants/Petitioners: Satish Tamta, Ayub Khan, Manavi Joshi, Sonika Rathore, Mahak
For the Respondents: Manjeet Arya
Table of Contents
2. Appellant spent over one month in jail; fine already deposited; no objection from prosecution to suspension of sentence. (Para 3 , 4 , 5 )
3. Considering submission of time already served and no objection from prosecution, sentence suspension is granted. (Para 5 , 6 )
4. Sentence may be suspended pending appeal when appellant has served part of the sentence and prosecution raises no objection. (Para 5 , 6 )
5. Sentence suspended until disposal of appeal; appellant admitted on bail with bond and surety. (Para 6 )
6. What is the standard for suspension of sentence pending appeal in a criminal case?
The court may suspend sentence pending appeal when the appellant has already served part of the sentence and the prosecution raises no objection. (Para 5 , 6 )
O R D E R
CRL.M.A. 31326/2026 (exemption)
1. Allowed, subject to just exception.
CRL.M.(BAIL) 1905/2026 (for suspension of sentence)
2. The appellant has assailed his conviction for offence under Section 325/34 IPC, for which effective sentence awarded to him is simple imprisonment for two years and fine of Rs. 6,000/-.
3. It is informed by learned Senior Counsel that the accused/applicant is already on bail for filing of this appeal.
4. It is also informed by learned Senior Counsel, on instructions, that fine has already been deposited.
5. Keeping in mind the submission that the appellant has already spent more than one month in jail, learned APP assisted by IO/SI Karan Pal, accepting notice submits that there is no objection to suspension of sentence till disposal of this appeal.
6. Accordingly, the sentence suspension application is allowed and sentence is suspended till disposal of this appeal and the appellant is admitted on bail subject to his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the trial court.
CRL.A. 992/2026 & CRL.M.A. 31325/2026 (for additional evidence)
7. The appeal is admitted to be heard at its turn.
