Delhi High Court
Shiva vs State Nct Of Delhi on 20 May, 2022
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order pronounced on:20.05.2022
+ CRL.A. 18/2021
SHIVA ..... Appellant
Through: Mr. Abhay Singh, Advocate.
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. Izhar Ahmad, APP with SI GN
Tiwari, PS EOW.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 20.05.2022
CRL.M. (BAIL) 1516/2021
1. This is a second application for suspension of sentence.
2. The present appellant/applicant was convicted under Section 398 IPC
and was awarded RI for 7 years with a fine of Rs. 5,000/- and in default, SI
for 6 months. The appeal against this conviction stands admitted vide order
dated 15.01.2021.
3. The first application for the grant of suspension of sentence was
dismissed on 02.02.2021. Now, the present application has been moved for
suspension of sentence by the appellant/applicant.
4. Notice was issued. The nominal roll has been called. The nominal roll
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13:58:03
shows that as on 03.02.2022, the unexpired portion of sentence was 3 years,
5 months and 4 days. By now, a period of about 2 ½ months is also to be
added to this period, so, unexpired portion of sentence is about 3 years and 3
months (approximately).
5. I have heard learned counsel for the parties and learned APP for State.
6. Learned counsel for the appellant/applicant has relied upon the
following judgements:
(i) Angana & Anr Vs State of Rajasthan (2009) 3 SCC 767 wherein
Hon'ble Supreme Court, while deciding the application for suspension of
sentence has taken into consideration the fact that during the trial the
Applicants were on bail and they did not indulge themselves in any other
offence and neither it was the case of the other side that they have jumped
the bail. The Hon'ble Supreme Court further taking into consideration the
conduct of the Appellants during the trial allowed the suspension of
sentence. It has been submitted that in the present case, during the trial, the
Applicant/Appellant Shiva was on bail and even in the status report filed by
the Respondent, it is not the case of the Respondent that the Appellant has
jumped the bail, neither it is the case of the Respondent that Appellant was
indulged in any other offence.
(ii) In Dinesh Kumar Sinha Vs State of Jharkhand Thr CBI (2009) 6
SCC 628 the Hon'ble Supreme Court has suspended the sentence on the
basis that no possibility of hearing of the appeal in the High Court and the
Appellant has already undergone half of the sentence as awarded by Ld.
Trial Court. In the Present Case, as per the nominal roll, the Appellant has
already undergone half of the sentence. Therefore, the Appellant may be
granted the relief as prayed for.
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Signing Date:24.05.2022
13:58:03
(iii) In Gavade Kisan Bapu Vs Union of India & Ors W.P. (Crl)
2995/2019 & Crl.M.A. No. 41209-10/2019, this Hon'ble Court while
considering the application for suspension of sentence allowed the
application for suspension of sentence on the basis that Appellant/Applicant
is not a previous convict and while he was on parole on previous occasions
he has not committed any other offence and this Hon'ble Court further
considered the sentence undergone. In the present case, Appellant/Applicant
is not a previous convict. While he was released on interim suspension of
sentence vide order dated 04.06.2021, there is no complaint on record to
show that during this period, the Appellant/Applicant has committed any
offence. The Appellant has also undergone more than half of the sentence.
7. Keeping in view the fact that during trial, the appellant/applicant was
on bail and he has neither jumped the bail, nor he has indulged in any other
offence; the appellant/applicant has already undergone half of the sentence
and the appellant/applicant is not a previous convict and there is no
possibility of hearing the main appeal in the near future. Keeping in view the
heavy pendency of the cases in the Delhi High Court, I am inclined to grant
suspension of sentence to the present appellant/applicant during the
pendency of the appeal. He be admitted to bail on execution of personal
bond of Rs. 25,000/- with one surety of the like amount, subject to the
following conditions:
(i) He shall appear before this Court as and when the appeal is listed.
(ii) He shall inform the IO his current address within one week from the
date of his release and in case of any change, he shall keep the IO updated
about his current address within two weeks from the date of the said change.
(iii) He shall provide his Mobile No. to the IO and he shall keep the
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location on at all times.
(iv) He shall not leave the country without the permission of this Court.
8. The application is accordingly disposed of.
TALWANT SINGH, J
MAY 20, 2022
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Signature Not Verified
Signing Date:24.05.2022
13:58:03
