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Nathu Lal vs State Nct Of Delhi on 26 September, 2023

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                                    *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +      CRL.A. 572/2020
                                           NATHU LAL                                                                            ..... Appellant
                                                                                Through:                 Mr. Kanhaiya Singhal, Mr. Ujwal
                                                                                                         Ghai, Mr. Anmol Chopra, Mr. Taksh
                                                                                                         Singhal and Mr. Prasanna and Mr. G.
                                                                                                         S. Puri, Advocates
                                                                                versus

                                           STATE NCT OF DELHI                                                                   ..... Respondent
                                                                                Through:                 Mr. Ajay Vikram Singh, APP for the
                                                                                                         State

                                           CORAM:
                                           HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                                                ORDER

% 26.09.2023 CRL.M.(BAIL) 501/2023 (suspension of sentence)

1. By way of the present application under Section 482 read with Section 389 of the Code of Criminal Procedure, 1973, the applicant/appellant is seeking suspension of sentence and release of the appellant on bail during the pendency of appeal against the judgement dated 04.08.2020 passed in Sessions Case No.7633/2016 by Ld. Additional Sessions Judge-04, POCSO Act (South) Saket Court, Delhi whereby the appellant has been convicted for the commission of offences punishable under Sections 366 IPC, Section 376(2)(i) IPC and under Section 6 of POCSO Act and order on sentence dated 07.08.2020 whereby the appellant has been sentenced to undergo rigorous imprisonment for 15 years with fine CRL.A. 572/2020 Page 1 of 4 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 28/09/2023 at 01:43:49 of Rs.1500/- 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.1,000/- and in default to undergo simple imprisonment for 1 month under Section 366 IPC in FIR No.371/2015 under Sections 363/376 IPC and Sections 4/6 of the POCSO Act, PS: Sangam Vihar, Delhi. Both sentences were directed to run concurrently.

2. Learned counsel for the appellant submits that the appellant has already undergone sentence of 8 years and 3 months which is more than half of the sentence awarded to him.

3. This Court while issuing notice called for the Status Report and requisitioned the Nominal Roll of the appellant. As per Nominal Roll, the jail conduct of the appellant has been satisfactory and he has been serving as "Safai Panja". Further, he has already undergone more than 8 years and 3 months in judicial custody as on date.

4. This Court has heard the learned counsels and perused the documents on record.

5. Without adverting to the merits of the case, this Court is of the opinion that since the appellant has already undergone more than half of the awarded sentence, i.e. a substantial period of 8 years and 3 months, and since the hearing of the appeal is likely to take further 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 that 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 CRL.A. 572/2020 Page 2 of 4 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 28/09/2023 at 01:43:49 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 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 would be violative of Article 21 of the Constitution of India.

6. Accordingly, the present application is allowed and the sentence of the appellant, convicted in FIR No.371/2015 under Sections 363/376 IPC and Sections 4/6 of the POCSO Act, PS: Sangam Vihar, Delhi vide judgement dated 04.08.2020 passed in Sessions Case No.7633/2016 by Ld. Additional Sessions Judge-04, POCSO Act (South) Saket 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 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 shall not leave NCT of Delhi without prior permission of the Court.

ii. Appellant shall provide his permanent address to the Ld. Registrar (Criminal). The appellant shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address.

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 28/09/2023 at 01:43:49 iii. Appellant shall appear before the Court as and when the matter is taken up for hearing.

iv. Appellant 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 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.

7. 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.

8. Copy of this order be forwarded to the concerned Jail Superintendent for information and compliance forthwith.

9. The application stands disposed of in the above terms.

10. List in due course on its own turn.

SAURABH BANERJEE, J SEPTEMBER 26, 2023/rr CRL.A. 572/2020 Page 4 of 4 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 28/09/2023 at 01:43:50