Delhi High Court - Orders
Sandeep Kumar Mourya vs State (Nct Of Delhi) on 31 January, 2022
Author: Siddharth Mridul
Bench: Siddharth Mridul, Anup Jairam Bhambhani
$~S-31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 425/2020
SANDEEP KUMAR MOURYA ..... Appellant
Through Mr. Madhav Khurana and Ms.
Riya Arora, Advocates.
versus
STATE (NCT OF DELHI) ..... Respondent
Through Mr. Ashish Dutta, APP for the
State along with S.I. Inder Pal
Singh, P.S.: Madhu Vihar.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 31.01.2022 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic. CRL.M.A. 1860/2022 (Exemption) Exemption granted subject to just exceptions. The application is disposed of accordingly. CRL.M.(BAIL) 115/2022 (for Regular Bail) The present application under section 389 read with section 482 of the Code of Criminal Procedure, 1973 has been instituted on behalf of the applicant/appellant praying as follows :
"a) Allow the present application and stay the judgement dated 15.02.2020 and conviction order both dated 20.02.2020 passed by the Ld. Trial Court of Sh. Sanjeev Kumar Malhotra, Additional Sessions Judge-02, E. Court, (Shahdara), Karkardooma Court, Delhi in FIR No. 53/2013, under section 302/120B/34/ IPC, Police Station- Madhu Vihar, Delhi.CRL.A. 425/2020 Page 1 of 2
b) Suspend the sentence and grant bail to the applicant on such terms and conditions as may be deem fit by this Hon'ble Court during pendency of the appeal;
c) Pass such other or further Orders as this Hon'ble Court may deem fit and proper in the interest of justice."
The appeals being Crl.A. No. 402/2020 titled 'Mani Shankar vs. State NCT of Delhi', Crl.A. No. 412/2020 titled 'Sanjeev Kumar vs. State', Crl.A.No. 424/2020 titled 'Ajay Kumar Mandal alias Om Prakash vs. The State NCT of Delhi' and Crl.A. No. 425/2020 titled 'Sandeep Kumar Mourya vs. State (NCT of Delh)', have already been taken-up for hearing on numerous dates and are now stated to be listed for hearing in the category of 'After Notice Miscellaneous Matters' on 08.03.2022.
Having heard learned counsel appearing on behalf of the parties, we are of the considered view that no good ground is made-out for grant of regular suspension of sentence during the pendency of the appeal.
In view of the foregoing, the present application seeking regular suspension of sentence during the pendency of the appeal, is dismissed, whilst reserving liberty to the appellant to file afresh for the same relief, if the appeals are not heard within a reasonable period of time.
The application is disposed of accordingly. It is however made clear, that the appeals shall be taken-up for hearing on 08.03.2022.
SIDDHARTH MRIDUL, J ANUP JAIRAM BHAMBHANI, J JANUARY 31, 2022/rs Click here to check corrigendum, if any CRL.A. 425/2020 Page 2 of 2