Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA 92/2024
Ashok Kumar vs. State
10.04.2024
Fresh appeal is received by way of assignment. It be
checked and registered as per rules.
Present: Sh. Rahul Sand, Ld. Counsel for the appellant
along with appellant in person.
Heard. The case file is carefully perused.
Vide present appeal, the appellant has assailed the
judgment of conviction dated 14.10.2023 passed by Ld. MM-05,
New Delhi District, Patiala House Courts, New Delhi whereby he
has been convicted for the offence punishable u/s. 279/304A IPC
and also challenged the order on sentence dated 11.03.2024
whereby he has been sentenced to simple imprisonment of six
months for the offence punishable u/s. 304A IPC and simple
imprisonment for a period of three months for the offence
punishable u/s. 279 IPC. Both the said sentences have been
directed to run concurrently.
The present appeal is accompanied with an
application u/s. 389 (1) CrPC for seeking suspension of sentence
of the appellant.
Heard. Case file is carefully perused.
The disposal of this appeal may take some time and
if the sentence of the appellant is not suspended till its disposal,
he will have to serve the substantial portion of his substantive
sentence during the pendency of this appeal thereby rendering it
infructuous. In the given facts and circumstances of the case, I
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deem it appropriate that sentence of appellant be suspended till
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the disposal of the present appeal subject to furnishing of
personal bond in the sum of Rs.25,000/- with one surety in the
like amount to the satisfaction of Ld. Trial Court, to be furnished
within a week from today. The application u/s. 389(1) CrPC is
accordingly disposed off.
Issue notice of the appeal to the respondent/State.
The same is accepted by Sh. S.K. Kain, Ld. Addl. PP for the
State.
Reply, if any, to the present appeal be filed on or
before next date of hearing.
Put up for reply & arguments on the present appeal
on 03.06.2024.
TCR be summoned for the said date.
As prayed, a copy of this order be given dasti to the
ld. Counsel for the appellant.
(Dheeraj Mor)
ASJ-06/NDD/PHC
New Delhi:10.04.2024
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