MONOJ KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS application is made for suspension of sentence of the accused during the period of pendency of the appeal. The appellant was convicted by the Trial Court under Section 394 IPC and sentenced to undergo 4 years RI vide order dated 30th August, 2007. It is submitted that the applicant was on bail during trial and has not abused his liberty and readily surrendered after the announcement of the judgment. There was no possibility of his absconding. He was patient of Asthma, therefore, the sentence should be suspended on merit. It is submitted that the initial report made to the police was that complainant was injured by hammer but during the evidence, the complainant gave evidence that she was injured by handle of knife. There was lot of difference between hammer and handle of knife and the case against the applicant/appellant was a fit false case. I have perused the judgment which shows the accused has accompanied another accused Manoj to the house of the complainant. He was armed with a knife and robbery was committed. Accused Manoj was known to the complainant because he was working with her husband. It is a case of accused Manoj himself that he was not paid his commission by the husband of complainant for an order of Rs.1,35,000/- procured by him. The complainant and other witness who was present at the time of offence had supported prosecution case fully during the trial. Considering the involvement of the appellant in an armed robbery and the fact that he against sentence of 4 years RI, he has been in jail for hardly a month, I consider it is not appropriate to suspend the sentence of the appellant at this stage. The application is dismissed.