If Courts Are Unable To Hear The Appeal, It Would Be A Travesty Of Justice To Keep The Appellant In Jail For A Long Time: Delhi HC
The Delhi High Court, in a landmark judgment, suspended the sentences of Bhima alias Manoj, Ravi @ Anil, and Munesh, who were convicted under Sections 307/34 IPC for an attempted murder in 2011. Hon’ble Ms. Justice Jyoti Singh observed, “If the courts are unable to hear the appeal, it would be a travesty of justice to keep the appellant in jail for a long time,” emphasizing the undue delay in hearing appeals and the consequent need to suspend their sentences.
Legal Context
The appellants sought suspension of sentences, having been convicted for attempted murder. The applications, filed under Section 389 Cr.P.C., underscored prolonged trial and incarceration, along with claims of false implication.
Case Details
In 2011, following a stabbing incident, the appellants were convicted and sentenced to seven years of rigorous imprisonment. The defense highlighted a prolonged trial period and alleged false implications, arguing for the suspension of sentences.
Judicial Examination
Justice Singh’s assessment included:
Evidence Discrepancies: The judgment noted significant contradictions in the prosecution’s evidence regarding the incident scene and injury assessments.
Weapon Recovery and Delay in Trial: The court observed the failure to recover the weapon and the undue delay in the appeals process.
Appellants’ Background: Consideration was given to their age during the incident and clean antecedents.
Ruling on Sentence Suspension
Basing her decision on precedents and the facts presented, Justice Singh ordered the suspension of sentences, setting bail conditions for the appellants, including restrictions on leaving the country and engaging in criminal activities.
Date of Decision: 28 March 2024
Bhima alias Manoj, Ravi @ Anil, Munesh vs. State (Govt. of NCT of Delhi)
