Delhi High Court - Orders
Khem Chand vs State Of Nct Of Delhi on 21 April, 2022
Author: Siddharth Mridul
Bench: Siddharth Mridul, Sudhir Kumar Jain
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 92/2022
KHEM CHAND ..... Appellant
Through: Mr. Siddharth Yadav, Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Ashish Dutta, APP for the
State with Sub - Inspector
Parteek, P.S.: Samaypur Badli.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 21.04.2022 CRL. M.A. 6927/2022 (Exemption) Exemption granted, subject to all just exceptions. The application is disposed of accordingly. CRL. M. (BAIL) 431/2022 (Interim Bail) The present application under Section 389 of the Code of Criminal Procedure, 1973, (Cr.P.C.), read with Section 482 of the Cr.P.C., has been instituted on behalf of the applicant/appellant - Khem Chand, for seeking interim suspension of sentence and release on interim bail, inter alia, on the ground that he needs to remain present to get his minor daughters admitted to a government school and to arrange necessary resources for their daily needs and expenses.
Signature Not Verified Digitally Signed CRL.A. 92/2022 Page 1 of 4 By:DURGESH NANDAN Signing Date:21.04.2022 15:34:40Upon verification, status report dated 19.04.2022, authored by the Station House Officer, P.S.: Samaypur Badli, Delhi, has been filed on behalf of the Delhi Police.
A perusal of the said status report reflects that family of the applicant/appellant - Khem Chand consists of his mother - Sunita, who is aged around 55 years; his minor brother, namely, Shera, aged about 15 years, who is admittedly mentally challenged; and two (02) minor daughters, namely, Aradhana and Sadhna aged about 9 and 7 years, respectively.
The status report clearly reflects that subsequent upon the enquiry done from the concerned school, i.e., Municipal Corporation Primary Co- education School, Delhi, it has been ascertained that admissions are currently open in the said school and that the daughter of the appellant has also applied for admission. Further, it is stated that although the presence of parent is not mandatory at the time of admission, a guardian would be necessary so as to complete all necessary formalities for grant of admission.
Mr. Siddharth Yadav - learned counsel appearing on behalf of the applicant/appellant invites our attention to the circumstance that the latter was on bail during the course of the trial and is not stated to have misused the concession granted to him.
In view of the foregoing and in the interest of justice, the present application is allowed. The sentence awarded to the applicant/appellant -
Signature Not Verified Digitally Signed CRL.A. 92/2022 Page 2 of 4 By:DURGESH NANDAN Signing Date:21.04.2022 15:34:40Khem Chand, is suspended and the applicant/appellant is directed to be released on interim bail for a period of 06 (six) weeks from the date of his release subject to the following conditions:
a) The applicant/appellant shall furnish a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with 01 (one) local surety of the like amount to the satisfaction of the Trial Court;
b) The applicant/appellant shall not leave the NCT of Delhi without permission of the court and shall ordinarily reside at the address as per prison records;
c) The applicant/appellant shall furnish to the S.H.O., P.S.:
Samaypur Badli, a cellphone number on which the appellant may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;
d) The applicant/appellant shall report to the S.H.O., PS.: Samaypur Badli, on every Monday between 11:00 a.m. and 12:00 'o' noon, to mark his presence. However, he will not be kept waiting for longer than an hour for this purpose; and
(e) The applicant/appellant shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending matter;
(f) Upon expiry of the period of interim suspension of sentence, the applicant/appellant shall surrender before the Jail Superintendent.
The application is disposed of accordingly.
Signature Not Verified Digitally Signed CRL.A. 92/2022 Page 3 of 4 By:DURGESH NANDAN Signing Date:21.04.2022 15:34:40A copy of this order be sent to the Jail Superintendent, for compliance, through electronic mail.
A copy of the order be also provided to the learned counsel appearing on behalf of the parties, by electronic mail.
The order be also uploaded on the website of this court forthwith.
SIDDHARTH MRIDUL, J.
SUDHIR KUMAR JAIN, J.
APRIL 21, 2022/p Click here to check corrigendum, if any Signature Not Verified Digitally Signed CRL.A. 92/2022 Page 4 of 4 By:DURGESH NANDAN Signing Date:21.04.2022 15:34:40