Delhi High Court Suspends Life Sentence Of Beggar With Psychosis, Says Murder Case Based On Circumstantial Evidence
The Delhi High Court has suspended life sentence awarded to one Istekar Ali, a beggar suffering from psychosis, in relation to a 2021 murder case, noting that the case of the prosecution was based on circumstantial evidence only.“Considering the facts of the case and the material before us, the period spent in incarceration and in view of the fact that there is no possibility of the...
The Delhi High Court has suspended life sentence awarded to one Istekar Ali, a beggar suffering from psychosis, in relation to a 2021 murder case, noting that the case of the prosecution was based on circumstantial evidence only.
“Considering the facts of the case and the material before us, the period spent in incarceration and in view of the fact that there is no possibility of the present Appeal being heard in the near future, this Court is inclined to suspend the sentence of the Appellant during the pendency of the present Appeal…,” a division bench comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav ordered.
The Court directed Ali to furnish a personal bond in the sum of Rs.5,000 with one surety of like amount, to the satisfaction of the concerned Trial Court or Jail Superintendant.
Ali filed the appeal challenging his conviction as well as order on sentence passed in April and May this year. He was convicted for the offence of murder and was sentenced to undergo simple imprisonment for life, along with a fine of Rs.15,000.
An application was filed by Ali seeking suspension of his sentence and his release on bail during the pendency of the appeal. In an order passed on July 28, the Court had noted that the material on record indicated that Ali was suffering from Psychosis.
As per the prosecution case, a call was received in July 2021 regarding a dead body of a male aged 45-50 years found under Rajokri flyover going towards Gurgaon.
During investigation in the nearby area, the police met one street vendor who identified the dead body to be that of a begger. On further investigation, he informed the police that Ali, who was also a beggar, was seen quarreling with the deceased a day prior to death.
It was stated that the Danda, which was used by Ali to hit the deceased, was recovered at the instance of the street vendor on the very next day.
Noting that Ali had undergone about four years and two months of incarceration, the Court said that the only witness who found Ali quarreling with the deceased a day before the incident was a Shikanji Rehdi Vendor and that the prosecution case was based on circumstantial evidence.
Suspending the sentence, the Court disposed of Ali's application in the appeal.
Counsel for Appellant: Akshai Malik Advocate with Khawar Saleem Advocate (DHCLSC)
Counsel for Respondent: Mr. Aashneet Singh, APP for State
Citation: 2025 LiveLaw (Del) 1123
Title: ISTEKAR ALI @ SANU v. STATE (NCT OF DELHI)