Delhi High Court - Orders
Mohd. Haseen & Anr vs State & Anr on 25 September, 2023
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 279/2020
MOHD. HASEEN & ANR. ..... Appellants
Through: Mr. Gautam Khazanchi and
Ms.Suruchi Jaiswal, Advocates.
versus
STATE & ANR. ..... Respondents
Through: Ms. Meenakshi Dahiya, APP for the
State with SI Sumit P.S. Gandhi
Nagar.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 25.09.2023 Crl.M.(Bail) 445/2020 (for delay)
1. This is an application seeking condonation of delay of 14 days in re- filing the appeal.
2. For the reasons stated in the application, same is allowed and the delay of 14 days in re-filing the appeal stands condoned.
3. The application stands disposed of.
CRL.M.(BAIL) 8323/2020 (of appellant no.1 seeking suspension of sentence)
4. By way of the present application under Section 482 read with Section 389 of the Code of Criminal Procedure, 1973, the applicant/appellant no.1 Mohd. Haseen is seeking suspension of sentence and release on bail during the pendency of appeal against the judgement dated 28.09.2019 passed in Sessions Case No.1255/2016 by Ld. Special CRL.A. 279/2020 Page 1 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 00:28:59 Judge, POCSO Act (East) Karkardooma Court, Delhi whereby the appellant no.1 has been convicted for the commission of offences punishable under Sections 366/34 IPC, 120B IPC and 376 IPC and under Section 6 of POCSO Act and order on sentence dated 10.10.2019 whereby the appellant no.1 has been sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.10,000/- and in default to undergo simple imprisonment for 2 months under Section 6 POCSO Act and to undergo rigorous imprisonment for 10 years with fine of Rs.10,000/- and in default to undergo simple imprisonment for 2 months under Section 120B IPC and to undergo rigorous imprisonment for 3 years with fine of Rs.5,000/- and in default to undergo simple imprisonment for 2 months under Section(s) 366/34 IPC in FIR No.157/2013 under Section(s) 120B/366/376/109/34 IPC and Sections 6/17 of the POCSO Act, PS: Gandhi Nagar, Delhi. All three sentences were directed to run concurrently.
5. Learned counsel for the appellant no.1 submits that the appellant no.1 has already undergone sentence of 5 years and 8 months which is more than half of the sentence awarded to him.
6. This Court while issuing notice called for the Status Report and requisitioned the Nominal Roll of the appellant no.1. As per Nominal Roll, the jail conduct of the appellant no.1 has been satisfactory and he has been serving as "Tailor Panja". Further, he has already undergone more than 5 years and 8 months in judicial custody as on date.
7. This Court has heard the learned counsels and perused the documents on record.
8. Without adverting to the merits of the case, this Court is of the opinion that since the appellant no.1 has already undergone more than half CRL.A. 279/2020 Page 2 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 00:28:59 of the awarded sentence, i.e. a substantial period of 5 years and 8 months, and since the hearing of the appeal is likely take some time, in view of the directions of the Hon'ble Supreme Court in Sonadhar v. State of Chhattisgarh, 2021 SCC OnLine SC 3182 and Saudan Singh v. State of Uttar Pradesh, 2021 SCC OnLine SC 3259 wherein it has been held in cases other than the ones concerning life sentences, the broad parameter of 50% of the actual sentence undergone can be the basis for grant of bail, this Court deems it a fit case to suspend the sentence of the appellant till the pendency of the appeal. This Court also finds support from the judgment of the Hon'ble Supreme Court in Bhagwan Rama Shinde Gosai v. State of Gujarat (1999) 4 SCC 421 wherein it has been held that in cases where expeditious hearing of appeals cannot be effectuated, the Appellate Court must bestow special concern in the matter of suspending the sentence so as to make the appeal right, meaningful and effective. Further, in light of the aforesaid factors, when the appellant no.1 has already exhausted a sufficient time behind bars and the hearing of the appeal is likely to take some time, this Court is of the opinion that further judicial custody of the appellant no.1 would be violative of Article 21 of the Constitution of India.
9. Accordingly, the present application is allowed and the sentence of the appellant no.1, convicted in FIR No.157/2013 under Section(s) 120B/366/376/109/34 IPC and Sections 6/17 of the POCSO Act, PS: Gandhi Nagar, Delhi vide judgement dated 28.09.2019 passed in Sessions Case No.1255/2016 by Ld. Special Judge, POCSO Act (East) Karkardooma Court, Delhi is suspended pending disposal of the present appeal, on him furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety of the like amount furnished by a family CRL.A. 279/2020 Page 3 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 00:29:00 member/friend having no criminal record, subject to the satisfaction of the learned Registrar (Criminal) of this Court and further subject to the following conditions i. Appellant no.1 shall not leave Hardoi, Uttar Pradesh without prior permission of the Court.
ii. Appellant no.1 shall provide his permanent address to the Ld. Registrar (Criminal). The appellant no.1 shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address.
iii. Appellant no.1 shall appear before the Court as and when the matter is taken up for hearing.
iv. Appellant no.1 shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned. The mobile location be kept on at all times.
v. Appellant no.1 shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/ prosecutrix or any member of the complainant/ prosecutrix's family or tamper with the evidence of the case.
10. Needless to say, the observations made on the merits of the matter, if any, are purely for the purposes of adjudication of the present application for suspension of sentence and shall not be construed as expressions on the merits of the matter.
11. Copy of this order be forwarded to the concerned Jail Superintendent for information and compliance forthwith.
CRL.A. 279/2020 Page 4 of 8This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 00:29:00
12. The application stands disposed of in the above terms. CRL.M.(BAIL) 16004/2020 (of appellant no.2 seeking suspension of sentence)
13. By way of the present application under Section 482 read with Section 389 of the Code of Criminal Procedure, 1973, the applicant/appellant no.2 Sangeeta is seeking suspension of sentence and release on bail during the pendency of appeal against the judgement dated 28.09.2019 passed in Sessions Case No.1255/2016 by Ld. Special Judge, POCSO Act (East) Karkardooma Court, Delhi whereby the appellant no.2 has been convicted for the commission of offences punishable under Sections 366/34 IPC, 120B IPC, 109 IPC read with Section 376 IPC and under Section 6 of POCSO Act read with Section 17 of the POCSO Act and order on sentence dated 10.10.2019 whereby the appellant no.2 has been sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.10,000/- and in default to undergo simple imprisonment for 2 months under Section 6 POCSO Act read with Section 17 of the POCSO Act and to undergo rigorous imprisonment for 10 years with fine of Rs.10,000/- and in default to undergo simple imprisonment for 2 months under section 120B IPC read with Section 6 POCSO Act read with Section 17 of the POCSO Act and to undergo rigorous imprisonment for 3 years with fine of Rs. 5,000/- and in default to undergo simple imprisonment for 2 months under Section(s) 366/34 IPC in FIR No.157/2013 under Section(s) 120B/366/376/109/34 IPC and Sections 6/17 of the POCSO Act, PS: Gandhi Nagar, Delhi. All three sentences were directed to run concurrently.
14. Learned counsel for the appellant no.2 submits that since the appellant no.2 has also already undergone sentence of 5 years and 6 months which is CRL.A. 279/2020 Page 5 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 00:29:00 more than half of the sentence awarded to her.
15. This Court while issuing notice called for the Status Report and requisitioned the Nominal Roll of the appellant no.2. As per Nominal Roll, the jail conduct of the appellant no.2 has been satisfactory and she has been serving as "Lungar Sahayak". Further, she has already undergone more than 5 years and 6 months in judicial custody as on date.
16. Admittedly, the case of the appellant no.2 is also covered by the judgments passed by the Hon'ble Supreme Court in Sonadhar (supra) and Saudan Singh (supra).
17. Accordingly, considering that the appellant no.2 has also already undergone more than half of the awarded sentence, i.e. a substantial period of 5 years and 6 months, and since the hearing of the appeal is likely take some time, in view of the orders passed hereinabove in CRL.M.(BAIL) 8323/2020, the application of the appellant no.2 is allowed, and the sentence of the appellant no.2 convicted in FIR No.157/2013 under Section(s) 120B/366/376/109/34 IPC and Sections 6/17 of the POCSO Act, PS: Gandhi Nagar, Delhi vide judgement dated 28.09.2019 passed in Sessions Case No.1255/2016 by Ld. Special Judge, POCSO Act (East) Karkardooma Court, Delhi is suspended pending disposal of the present appeal, on her furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety of the like amount furnished by a family member/friend having no criminal record, subject to the satisfaction of the learned Registrar (Criminal) of this Court and further subject to the following conditions i. Appellant no.2 shall not leave Hardoi, Uttar Pradesh without prior permission of the Court.
CRL.A. 279/2020 Page 6 of 8This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 00:29:00 ii. Appellant no.2 shall provide her permanent address to the Ld. Registrar(Criminal). The appellant no.2 shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address.
iii. Appellant no.2 shall appear before the Court as and when the matter is taken up for hearing.
iv. Appellant no.2 shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned. The mobile location be kept on at all times.
v. Appellant no.2 shall not indulge in any criminal activity and shall not communicate with or come in contact with the complainant/prosecutrix or any member of the complainant/prosecutrix's family or tamper with the evidence of the case.
18. Needless to say, the observations made on the merits of the matter, if any, are purely for the purposes of adjudication of the present application for suspension of sentence and shall not be construed as expressions on the merits of the matter.
19. Copy of this order be forwarded to the concerned Jail Superintendent for information and compliance forthwith.
20. The application stands disposed of in the above terms. Crl.M.(Bail) 441/2020 (for suspension of sentence)
21. The present application is disposed of as infructuous.
CRL.A. 279/2020 Page 7 of 8This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 00:29:00 CRL.A. 279/2020
22. This appeal was admitted vide order dated 19.11.2020.
23. List in due course on its own turn.
SAURABH BANERJEE, J SEPTEMBER 25, 2023 AK CRL.A. 279/2020 Page 8 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 00:29:00