Delhi High Court - Orders
Digamber vs State on 6 October, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 88/2020 & CRL.M.(BAIL) 135/2020, CRL.M.(BAIL)
7632/2020
DIGAMBER ..... Appellant
Through: Mr. Harsh Prabhakar, Mr. Amit Kala,
Advs.
versus
STATE ..... Respondent
Through: Mr. Kewal Singh Ahuja, APP for
State
Ms. Richa Dhawan, Legal Aid
Counsel for prosecutrix.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 06.10.2020 CRL.M.(BAIL) 7632/2020 This application has been filed on behalf of the appellant seeking suspension of sentence only for a period of three months submitting inter alia to the effect that the applicant is deaf and mute and in the present pandemic, if he suffers from any kind of ailment, it would not be possible for him to communicate.
Vide order dated 08.09.2020, the State was directed to submit a status report in relation to the present address of the applicant and the prosecutrix for today. The said status report has been submitted by the State dated 17.09.2020 under signatures of the Inspr. Ramniwas, SHO, PS Pul Prahladpur which indicates that the family of the appellant resides at Okhla, Phase-II, New Delhi and the family of the prosecutrix resides at District Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.10.2020 12:09:38 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Faridabad, Haryana at a distance of 15-20 kms. from each other.
Though the prayer made on behalf of the applicant seeking interim suspension of sentence for a period of three months is opposed vehemently on behalf of the State and on behalf of the prosecutrix by learned legal aid counsel for the prosecutrix submitting to the effect that the applicant has already been convicted vide the impugned judgment qua which the present appeal has been filed and that the aspect of the applicant being deaf and mute and being in a position to appreciate the court proceedings has already been dealt with by the learned Trial Court, learned counsel for the applicant places reliance on the provision of Section 318 of the Cr.PC, 1973 submitting to the effect that such report in relation to the proceedings in relation to a person described thereunder needed necessarily to be sent to the High Court. The said aspect is a material issue of law and needs necessarily to be considered.
In view thereof, the applicant without any observations on the merits or demerits of the appeal as also qua the aspect of applicability of Section 318 of the Cr.PC, 1973 is allowed to be released on bail during the pendency of the appeal for a period of three months on filing a bail bond of Rs.50,000/- with one surety of the like amount to the satisfaction of the of the Registrar General of this Court with directions that:
• he shall not leave the city of Delhi; • he shall make no contact with the complainant and the prosecution witness in any manner; • he shall appear before this Court as and when directed; • he shall surrender on the 90th day of his release before the Superintendent Jail, Delhi if the appeal is not decided by then. Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.10.2020 12:09:38 This file is digitally signed by PS to HMJ ANU MALHOTRA.CRL.A. 88/2020
Renotify for final hearing on 22.10.2020.
ANU MALHOTRA, J OCTOBER 6, 2020vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.10.2020 12:09:38 This file is digitally signed by PS to HMJ ANU MALHOTRA.