Delhi High Court Suspends Sentence of Life Convict in Wife’s Death Case Pending Appeal: Suicide Evidence Considered.

Headnote:

The Delhi High Court, exercising its powers under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), granted suspension of sentence to appellant Abhijeet Adhikari, convicted under Section 302 of the IPC for the alleged murder of his wife, Seema. The Court noted that the post-mortem and medical evidence suggested suicidal hanging rather than homicidal strangulation, thereby raising substantial grounds for consideration in appeal. Observing that the appellant had already undergone over five and a half years of incarceration with satisfactory jail conduct and that the appeal was unlikely to be heard soon, the Court ordered his release on bail subject to conditions.

Background:

1. The prosecution alleged that on the night of 04–05 July 2016, the appellant strangulated his wife Seema with a chunni and concealed the evidence to screen himself from legal punishment.
2. He was charged under Sections 302 and 201 IPC, but was convicted only under Section 302 IPC, and sentenced to life imprisonment and a fine of ₹15,000 by the Trial Court.
3. The appellant challenged the conviction and filed a suspension of sentence application under Section 430 BNSS during pendency of the appeal, claiming innocence and highlighting contradictions in medical evidence.
4. The defence argued that the post-mortem report (Ex. PW4/A) recorded the cause of death as “asphyxia due to ante-mortem hanging,” and PW-4 Dr. Antara Deb Barma confirmed in cross-examination that it was a case of suicidal hanging, not strangulation.
5. It was further submitted that the deceased had no external injuries and that the appellant, aged 38, was a first-time offender with deep societal roots, having already spent over five years in custody.
6. The State opposed bail, contending that the gravity of the offence outweighed the grounds for leniency.

Court Opinion / Analysis:

1. The Division Bench observed that the appeal, filed in 2025, was unlikely to be heard soon. Considering the prolonged incarceration and the appellant’s satisfactory conduct in jail, the Court found sufficient ground to exercise discretion under Section 430 BNSS.
2. Upon examination of the autopsy report and medical testimony, the Court noted the clear statement by Dr. Antara Deb Barma that the ligature mark was consistent with suicidal hanging, as no external injuries were found on the body.
3. The Court held that this evidence could not be disregarded and raised arguable issues meriting consideration in appeal.
4. Consequently, while clarifying that no opinion was being expressed on the merits of the case, the Court ordered suspension of sentence and release on bail subject to conditions.
5. Conditions imposed included:

Furnishing of a personal bond of ₹25,000 with one surety;

Surrender of passport (if any) and undertaking not to leave the country without permission;

Providing residential address and contact details to the Trial Court and police authorities for communication during appeal pendency.

Legal Provisions Concerned:

1. Section 430, Bharatiya Nagarik Suraksha Sanhita, 2023 — Suspension of sentence and release pending appeal.
2. Section 302, Indian Penal Code, 1860 — Punishment for murder.
3. Section 201, Indian Penal Code, 1860 — Causing disappearance of evidence (not proved in this case).
4. Relevant Judicial Principles: Suspension of sentence may be considered when medical or factual evidence raises substantial doubt, and the convict has served significant incarceration without likelihood of early appeal disposal.

Case Details:

Case No.: CRL.A. 173/2025 & CRL.M. (BAIL) 295/2025

Court: High Court of Delhi

Coram: Hon’ble Mr. Justice Vivek Chaudhary & Hon’ble Mr. Justice Manoj Jain

Petitioner / Appellant: Abhijeet Adhikari

Respondent: State (Govt. of NCT of Delhi)

Date of Judgment: 10 October 2025

Counsel for Petitioner: Mr. Harsh Prabhakar, Mr. Dhruv Choudhary, Mr. Shubham, and Mr. Vijit Singh

Counsel for Respondent: Mr. Nawal Kishore Jha, APP; Mr. B. Badrinath (DHCLSC) with Mr. Dhruv Bhardwaj

Key Issues:

1. Whether the post-mortem findings suggesting suicidal hanging could justify suspension of sentence during appeal.
2. Whether prolonged incarceration and delay in hearing warranted bail under Section 430 BNSS.
3. Balancing the gravity of offence with humanitarian considerations pending final adjudication.

Relief Granted:

1. Sentence suspended pending appeal.
2. Appellant released on bail upon furnishing bond and complying with conditions.
3. Clarified that observations are not to be construed as findings on merits.