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Judgment
K.T. Thomas and M.B. Shah, JJ.—Leave granted.
Heard. As the conviction is of the offence u/s 304, Part II for which a sentence of rigorous imprisonment for five years has been granted, we feel that unless the sentence is suspended, the appeal is likely to become infructuous by the time the appeal reaches the final board for consideration. In such a situation, the High Court should have considered the necessity of suspending the sentence, unless releasing the accused will be of graver consequences. In this case, we are not told of any such serious consequence befalling the State. Hence this is a fit case where sentence can be suspended in view of the limited quantum of sentence awarded on the Appellant. We, therefore, suspend the sentence and direct the Appellant to be released on bail to the satisfaction of Additional Sessions Judge, Mr.S. Gaur, New Delhi.
Appeal is disposed of.