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Suspension of sentence during pendency of Appeal.

SANJAY DIXIT ,
  28 August 2008       Share Bookmark

Court :
IN THE HIGH COURT OF DELHI
Brief :

Citation :

IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT: CRIMINAL PROCEDURE CODE
Date of Reserve: December 10, 2007
Date of Order: December 14, 2007
Crl.MB No.991/2006 in Crl.Appeal.No.422/2006
Gurdayal Kohli .... Appellant
Through: Mr. M.K. Vasisht and Mr. S.K.
Atri,Advocates
Versus
The State(Govt. Of NCT of Delhi) ... Respondent
Through: Mr. Amit Sharma, Advocate
SHIV NARAYAN DHINGRA, J.
Crl.MB No.991/2006
1. This application under Section 389 Cr.P.C read with Section 482 Cr.P.C has been
preferred by the appellant for suspension of sentence and for grant of bail during pendency of the
instant appeal. The appellant was convicted by the learned trial court to undergo rigorous
imprisonment for a term of 10 years under Section 304B IPC and also to undergo rigorous
imprisonment for a terms of 3 years and fine of Rs.5000/- under Section 498A of IPC.
2. The appellant was married to the deceased on 10th December, 1993. The deceased died
out of burning on 8th August, 1999. The testimony of parents of the deceased, given during trial
and to the SDM, would show that the deceased was being harassed by her mother-in-law and
dewar on account of dowry. However, the deceased had also made a statement to the
Investigating Officer, in the hospital, after doctor had opined her fit to make statement, that she
caught fire accidentally and her husband had tried to save her. This dying declaration was
disbelieved by the trial court.
3. Considering the fact that the appellant has already been in jail for more than two years,
including the remission period, and the fact the hearing of appeal may take sometime, the
sentence of appellant is suspended during pendency of appeal. He be released on bail on his
furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the
satisfaction of trial court concerned.
4. The application stands disposed of in above terms. Dasti, if desired.
Sd./-
December 14, 2007 SHIV NARAYAN DHINGRA, J.
 
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