DALIP KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) BY this application under Section 389 Cr.P.C. read with Section 482 Cr.P.C., the appellant has prayed for suspension of sentence during pendency of the appeal. He was convicted by the trial court under Section 304 part I IPC and Section 307 read with Section 34 IPC and sentenced to undergo 10 years and 7 years RI in both the Sections respectively. The appellant submitted that he was in judicial custody for a period of four months during the trial and rest of the period he was on bail, he did not misuse the bail. He has prima facie a good case on merits. He has wife and three children and he was the sole bread earner of the family. He has a good case in appeal and pressed for suspension of sentence. Non misuse of the bail during the trial is not a ground for suspending the sentence. While suspending the sentence the Court has to look into the heinousness of the crime and other relevant factors. The appellant in this case has been sentenced to undergo 10 years imprisonment while he has been in jail hardly for a year and six months including remission period. Considering the role of the appellant in the offence committed and the fact that the conviction of the appellant was based on cogent evidence, I find no ground to suspend the sentence of the appellant at this stage. The application is hereby dismissed.