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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.5170 OF 2024 (@ SLP(CRL.) No. 8431/2024)
RAJESH KUMAR APPELLANT(S)
VERSUS
STATE OF HARYANA RESPONDENT(S)
O R D E R
1. Leave granted.
2. Admittedly, the appellant has served more than 2 years out of
the four years of sentence imposed upon him by the Trial
Court. The appeal before the High Court is of the year 2022.
Thus, certainly he is entitled to the benefit of Section 430
of the Bhartiya Nagarik Suraksha Sanhita, 2024.
3. Taking into consideration the aforesaid facts, we are inclined
to set aside the impugned order, and suspend the sentence of
the appellant till the disposal of the criminal appeal by the
High Court.
4. Accordingly, the impugned order stands set aside and the
appellant’s sentence stands suspended, subject to the terms
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and conditions that may be imposed by the Trial Court as it
deems fit for the aforesaid purpose.
5. The appeal is allowed accordingly.
6. Pending application(s), if any, shall stand disposed of.
……………………………………………………J. [M.M. SUNDRESH]
……………………………………………………J. [ARAVIND KUMAR]
NEW DELHI; 9th DECEMBER, 2024
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ITEM NO.54 COURT NO.11 SECTION II-B