Delhi High Court - Orders
Farhad vs State on 25 June, 2020
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL. A. 49/2019
FARHAD ..... Appellant
Through: Mr. Ajay Verma, Advocate
Versus
STATE ..... Respondent
Through: Ms. Radhika Kolluru, APP for State.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 25.06.2020 CRL. M.A. 8066/2020 (Extension)
1. The present application has been filed under Section 482 read with Section 389 Cr.P.C. seeking extension of interim suspension of sentence.
2. Learned counsel for the appellant submits that the appellant was granted benefit of interim suspension of sentence vide order dated 12.05.2020 on the ground that the appellant's wife along with his children are living alone and they need appellant's care in the pandemic situation caused by COVID-19. The appellant's medical condition, as stated in the medical status report received form the jail, is noted as below:-
"As per the medical status report dated 10.05.2020 received from the Medical Officer Incharge, Central Jail Hospital and Dispensary, Central Jail No.3, Tihar, New Delhi, it has been reported that the petitioner was examined with "history of bronchial asthma and gave complaints of low backache, pain in both knees and diminution of vision. On CRL.A.49/2019 Page 1 of 3 examination, occasional rhonchi were heard on chest auscultation. He was advised to continue anti-asthmatic medications including oral medicines and metered-does inhalers."
3. Today, learned counsel for the appellant submits that the appellant's wife Zeenat has expired and that the children are alone. Further, the appellant has already undergone nearly 4 years and 8 months out of the total sentence of 10 years awarded to him under Section 21(c) and Section 29 of the NDPS Act. He also submits that the appellant's case is covered by the decision of the Division Bench of Punjab and Haryana High Court in Daler Singh v. State of Punjab reported as 2017 CriLJ 2337.
4. Status Report has been placed on record. As per the Status Report, it has been verified that the appellant's wife namely, Zeenat expired on 15.06.2020.
5. In view of the totality of the facts and circumstances and keeping in view the nominal roll and the medical condition as well as the family condition of the appellant, it is directed that the sentence of the appellant shall remain suspended during the pendency of his appeal on the same terms and conditions as specified in the order dated 12.05.2020 with the following modifications :-
1) The appellant shall keep his mobile phone number i.e., 9599542248 operational during the pendency of appeal;
2) The appellant shall remain in touch with SHO/SI Vinod Gautam, P.S. Crime Branch on his mobile number 9899103028 on first Monday of each English calendar month;
3) The appellant shall appear before the Court as and when CRL.A.49/2019 Page 2 of 3 the appeal is taken up for hearing.
6. The personal bond already furnished by the appellant shall remain alive during the pendency of the appeal. One surety of the same amount shall be furnished before the Registrar (Appellate).
7. The application is disposed of in the above terms.
8. List before Registrar (Appellate) on 29.06.2020 for the aforesaid purpose.
9. Copy of this order be sent to the concerned Jail Superintendent electronically for information and necessary compliance.
MANOJ KUMAR OHRI, J JUNE 25, 2020 ga CRL.A.49/2019 Page 3 of 3