Delhi High Court - Orders
Paan Singh vs State Of Nct Of Delhi on 11 September, 2025
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 933/2025
PAAN SINGH .....Appellant
Through: Mr.Vikas Walia, Ms.Drishti
Harpalani and Mr.Yash Bansal,
Advocates
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr.Sanjeev Sabharwal, APP for the
State alongwith SI Sunil Chandra,
P.S.-Ambedkar Nagar
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
ORDER
% 11.09.2025 CRL.M.(BAIL) 1444/2025 (suspension of sentence)
1. During pendency of his appeal, applicant herein seeks suspension of sentence dated 02.06.2025, passed by learned ASJ (FTC-01), South District, Saket Courts, New Delhi, in case SC No. 706/2019.
2. Vide the impugned order on sentence, the appellant/applicant has been convicted for the offence punishable under Section 304B/498A of the IPC. The appellant has been sentenced to undergo rigorous imprisonment for a period of 7 years for the offence punishable under Section 304B IPC. He was further sentenced to undergo simple imprisonment for a period of 1 year for the offence punishable under Section 498A IPC, along with a fine of Rs.50,000/-, and in default to further undergo simple imprisonment for a period of 2 months.
CRL.A. 933/2025 Page 1 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2025 at 23:29:08
3. Learned counsel for the applicant would submit that the applicant was arrested on 20.08.2012 and is presently confined in Central Jail No. 2, Tihar, New Delhi. He has already undergone incarceration of more than 2 and a half years. Learned counsel for the applicant would rely on the conduct of the applicant to seek concession of bail during the pendency of the appeal by suspending the sentence by pointing out that the applicant was granted bail by the learned Trial Court vide order dated 16.12.2016 where no misconduct was reported.
3.1 The learned counsel for the applicant would submit that the applicant is a government teacher with the Municipal Corporation of Delhi and a patient of Hepatitis-B. He is the sole breadwinner for his aged and ailing parents.
3.2 He would further submit that the applicant has deep roots in society, never absconded during investigation or trial, diligently attended proceedings, and honoured the bail granted to him. He has not remarried after the death of the deceased owing to his medical condition, reflecting his responsible conduct. Moreover, he submits that the applicant has clean antecedents.
3.3 Furthermore, the learned counsel would submit the applicant is innocent and has been falsely implicated and wrongly convicted. Given the strong merits of the case and delayed hearing would cause grave prejudice unless the sentence is suspended.
4. On merits, the learned counsel for the applicant would submit that the impugned judgment and order on sentence are illegal both on facts and law, and hence deserve to be set aside. He would urge that the allegations in the FIR and depositions are vague, omnibus, and lacking any specific instance CRL.A. 933/2025 Page 2 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2025 at 23:29:08 of cruelty or dowry demand.
4.1 Learned counsel would submit that the Trial Court, despite acquitting the co-accused under Section 304-B IPC on the very same set of evidence, convicted the Appellant, which is inconsistent and legally untenable. He would also urge that the essential ingredients of Section 304-B namely, cruelty and dowry harassment soon before death, were never proved. 4.2 Furthermore, he would urge that the applicant was suffering from Hepatitis-B, as established by DW1(Doctor) and DW6(Brother of the appellant), and had medical restrictions which could explain any marital discord without attracting criminal liability. Despite this, the defence evidence was rejected without proper reasoning.
4.3 He would also submit that no complaint was ever lodged by the deceased or her family during her lifetime against the applicant. Moreover, the prior complaint by the family in Madhya Pradesh was found fabricated, leading to registration of an FIR against them, thus affecting their credibility. Moreover, no recovery of any article, document, or correspondence was made to support the prosecution's case of dowry demand or cruelty.
4.4 Learned counsel would further submit that the entire prosecution rests only on the testimonies of the deceased's family members who are admittedly interested witnesses, with material inconsistencies in their statements. No independent or neutral witness has corroborated their version. Even the prosecution witness ACP Sunil Kumar Sharma admitted that no motorcycle or RC was recovered, further undermining the prosecution's version. The Learned Counsel would also urge that the conviction is based on presumptions and suspicion rather than proof beyond CRL.A. 933/2025 Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2025 at 23:29:08 reasonable doubt.
4.5 He would further submit that the impugned judgment dated 09.04.2025 suffers from serious infirmities as the Trial Court failed to consider material variances in the testimonies of interested witnesses and ignored the absence of basic ingredients of the alleged offences. The prosecution has not produced cogent evidence and the conviction rests solely on unreliable witnesses, contrary to the principle of proof beyond reasonable doubt.
5. Learned APP for the State opposes the present application and submits that appeal itself is sans merit and the applicant is not entitled to any relief at this stage. He would further submit that keeping in view the sufficient evidence against the applicant and his involvement in the alleged offence, the instant application is liable to be dismissed
6. Be that as it may, qua the merits of the appeal the same can only be thrashed out once the appeal comes up for the final hearing.
7. Though having heard the arguments of the learned counsel for the applicant/appellant, there seems some substance in some of the same, but as noted, those can only be adjudicated when the appeal is heard finally.
8. Having heard the learned counsel, I am of the view that, in light of the applicant's medical condition of Hepatitis B, his clean antecedents, and deep roots in society, and considering that his continued custody is causing irreparable hardship to his family, including his old and ailing parents for whom he is the primary caregiver, he is entitled to the concession.
9. It is accordingly directed that the applicant shall be released on bail on furnishing a personal bond with surety of the like amount to the satisfaction of the Jail Superintendent and during pendency of the appeal his sentence CRL.A. 933/2025 Page 4 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2025 at 23:29:08 shall accordingly remain suspended. While accepting the bond the Jail Superintendent shall impose following conditions:
(i) In case of change of residential address, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to this Court.
(ii) The appellant shall regularly appear before the Court as and when the appeal is taken up for hearing.
10. With the aforesaid observations, the application stands disposed of and the sentence of the applicant shall remain suspended during the pendency of the appeal.
11. A copy of this order be communicated electronically forthwith to the concerned Jail Superintendent for information and necessary compliance.
CRL.A. 933/2025List in due course.
ARUN MONGA, J SEPTEMBER 11, 2025 dy CRL.A. 933/2025 Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2025 at 23:29:08