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Delhi High Court - Orders

Neeraj @ Rahul vs State (Nct Of Delhi) on 9 March, 2021

Author: Mukta Gupta

Bench: Mukta Gupta

$~10
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+       CRL.A. 1025/2017
        NEERAJ @ RAHUL                                     ..... Appellant
                 Represented by:         Mr.Ravi Drall, Advocate.

                           versus

        STATE (NCT OF DELHI)                               ..... Respondent
                 Represented by:         Mr.Amit Gupta, APP for State with
                                         SI Gaurav, PS Rani Bagh.
        CORAM:
        HON'BLE MS. JUSTICE MUKTA GUPTA
                           ORDER

% 09.03.2021 The hearing has been conducted through Video Conferencing. CRL.M.B.48/2021 (interim suspension of sentence)

1. By this application, appellant had sought interim suspension of sentence on the ground of surgery of the appellant's wife for removal of gall stones, this application was initially adjourned to 14th April, 2021 as no documents for date of surgery were filed. Subsequently, the appellant filed an application seeking preponement of the date on the ground that the date of surgery had now been fixed.

2. A perusal of the documents, verification whereof has been placed on record, would show that since there is a long queue in the government hospitals, the wife of the appellant has been referred to a private hospital to get herself operated under the scheme.

3. The nominal roll of the appellant reveals that the appellant is involved in as many as nine cases and out of these nine cases besides FIR Signature Not Verified Digitally Signed By:JUSTICE Crl. A. 1025/2017 PageGUPTA MUKTA 1 of 2 Signing Date:09.03.2021 19:19:20 No.186/2013 wherein the appellant has been convicted for offence punishable under Sections 392/397 IPC, the appellant has been convicted in three other FIRs out of which two relate to offences punishable under Sections 392/395/397 IPC and one relates to offences under Section 392/411 IPC. Further the appellant's trial in FIR No.37/2011 under Section 302/394/397/34 IPC and 25 Arms Act, registered at PS Maurya Enclave, Delhi is also at fag end as stated by learned counsel for the appellant.

4. Considering the number of involvements of the appellant as also the cases in which he has been convicted and further the fact that the surgery for removal of the gall stone is an elective surgery, this Court finds no ground to grant interim suspension of sentence to the appellant.

5. Application is dismissed.

6. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

MARCH 09, 2021
'vn'




                                                                     Signature Not Verified
                                                                     Digitally Signed By:JUSTICE
Crl. A. 1025/2017                                                       PageGUPTA
                                                                     MUKTA        2 of 2
                                                                     Signing Date:09.03.2021
                                                                     19:19:20