MAHABIR SINGH Vs. N C T OF DELHI

JUDGEMENT

(1.) THIS is an application for suspension of sentence of the appellant who was convicted for commission of offence punishable under Section 306 ipc and sentenced to imprisonment for five years besides a fine of Rs. 1000/-with default clause. I have heard the learned counsel for the appellant on this application and also the learned prosecutor. I have also looked into the impugned judgment. Though the learned counsel for the appellant has urged various points while contesting the case but this Court is not considering it appropriate to deal with the testimonies of the witnesses at this juncture as the same shall be taken into consideration when the appeal comes up for final hearing. The appellant is in custody for more than about two years and is stated to have completed nearly half of the sentence awarded to him.

(2.) THE appeal is of 2007 and is not likely to be heard in the near future, therefore, if the sentence of the appellant is not suspended , there is every probability that by the time his appeal comes up for hearing, he would complete the sentence and in that eventuality his appeal shall be rendered infructuous. Looking to his long detention in jail, his rest of the sentence is suspended on his furnishing a personal bond in the sum of Rs, 25,000/- with one surety in the like amount to the satisfaction of the trial court.