SITHARTH VASHISHT ALIAS MANU SHARMA Vs. STATE

JUDGEMENT

(1.) THE present application is filed by the appellant -accused under Section 389 of the code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for suspension of sentence pending appeal in this Court and to release him on bail.

(2.) SINCE an appeal against an order of conviction and sentence recorded by the high Court of Delhi is admitted by this Court and awaits final hearing, we will not enter into larger questions and deal with the present application for suspension of sentence and bail.

(3.) THE State preferred an appeal against an order of acquittal recorded by the trial Court. The High Court of Delhi held that the trial court was wrong in acquitting the accused and the prosecution was successful in proving the guilt against the appellant (as well as two other accused) and accordingly recorded conviction inter alia for an offence punishable under Section 302, Indian Penal Code (IPC)and imposed sentence of imprisonment for life.