Delhi High Court - Orders
Ajay Kumar Tomar vs State (Govt Of Nct, Delhi) on 12 September, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 362/2022
AJAY KUMAR TOMAR
..... Appellant
Represented by: Mr.Ashutosh Bhardwaj, Advocate.
versus
STATE (GOVT OF NCT, DELHI)
..... Respondent
Represented by: Mr.Mukesh Kumar, APP for the State
with Inspector Robin Singh,
P.S.Lahori Gate.
Mr.Mukesh Kalia, Advocate with
Mr.Sudarshan Rajan, Advocate for
the complainant.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 12.09.2022 CRL.M.B. 989/2022 (for interim suspension of sentence)
1. By this application, the appellant had sought interim suspension sentence on the ground of serious medical condition of his father. Notice in the application was issued by this Court on 22 nd August 2022 returnable for today.
2. A status report has been handed over by the learned APP for the State who will ensure that the same is also e-filed before this Court.
3. At the outset, learned counsel for the appellant states that in the Signature Not Verified Digitally Signed By:ATISH GOEL Signing Date:13.09.2022 10:41:18 meantime, father of the appellant has passed away on 6th September 2022. Learned counsel for the appellant states that though the cremation of the father of the appellant has taken place, however, the Tehravi is to be performed on 15th September 2022; appellant is the only son of his father and thus, his presence is essential.
4. As per the status report handed over to this Court as also evident from the impugned judgment, the allegations against the appellant who was the Head Constable in Police and who has been convicted for the murder of two persons are that he stopped the car of one Amarjeet Singh, a businessman on 24th September 2011, entered his car and fired three shots from his illegally possessed pistol on Amarjeet Singh and looted three gold chains, a locket etc. On hearing the gun shots, the patrolling police also reached and with the help of a private motor cycle tried to catch hold of the appellant, who again fired on the police party, resulting in the motor cycle rider Shanni who was following the appellant along with the police getting injured by gun shot injuries, who succumbed to the injuries in the hospital.
5. As per the nominal roll, besides the present case, the appellant is also involved in other offences relating to possession of arms as also in offences punishable under Sections 392/411 IPC and one case under Sections 379/411 IPC is pending trial.
6. Considering the desperate conduct of the appellant, who despite being a Head Constable in the Police acted with impunity and committed robbery with murder as also deterred the person who was chasing him by killing him with unlicensed pistol, this Court does not deem it fit to grant interim suspension of sentence to the appellant. However, this Court permits the appellant to attend the Tehravi of his father on 15th September 2022 in Signature Not Verified Digitally Signed By:ATISH GOEL Signing Date:13.09.2022 10:41:18 custody. Superintendent, Tihar Jail is thus directed to take the appellant in custody with necessary security guards to his village Haider Nagar, Tehsil Bagra, District Muzaffar Nagar, Uttar Pradesh on 15th September 2022 from 11 a.m. to 3 p.m., excluding the time to travel to his residence at Muzaffar Nagar.
7. Application is disposed of.
8. Copy of this order be uploaded on the website of this Court as also be communicated by the Registry to the Superintendent, Tihar jail for making necessary arrangements.
9. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
ANISH DAYAL, J.
SEPTEMBER 12, 2022/akb Signature Not Verified Digitally Signed By:ATISH GOEL Signing Date:13.09.2022 10:41:18