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Delhi High Court - Orders

Sanjeev @ Shanty & Ors vs State on 20 June, 2022

Author: Dinesh Kumar Sharma

Bench: Dinesh Kumar Sharma

                          $~30
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.A. 1104/2018
                                 SANJEEV @ SHANTY & ORS.
                                                                                  ..... Appellant
                                                    Through:      Ms.Neha Kapoor, Advocate

                                                               versus
                                 STATE                                              ..... Respondent

                                                    Through:      Ms.Rajni Gupta, APP for the State
                                                                  SI Sumit, PS Bharat Nagar.

                                 CORAM:
                                 HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                                    ORDER

% 20.06.2022 CRL.M.(BAIL) 692/2022U/S 389 R/W 482 OF CR.P.C The present application has been moved seeking suspension of sentence on the ground of illness of his wife. The accused was convicted in case FIR No. 777/2015 u/s 307/323/341/354-A/354-B/506/509/34 IPC, PS Bharat Nagar vide judgment dated 19.09.2018. The appeal against the conviction pending before this court. Inspector Prem Kumar SHO, PS Bharat Nagar has filed the status report. The relevant portion has been reproduced :-

6. "Sir, It is submitted that now accused / petitioner Vinay moved an application for interim suspension of sentence for a period of three months on the medical ground of his wife Kajal. Medical papers of Kajal get verified from the respective hospitals and found true.
Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:23.06.2022 11:06:51

As per report, Kajal is suffering from B/L large endometriotic cryst. As per endometriotic disease is concerned its infolammater, progressive disease and crippling. Patient Kajal is referred to LNJP Hospital there she was further refer to IVF centre for further management of infertility and surgery for endometriotic cryst and But she did not follow up her treatment. On local enquiry it is found out that Kajal is living with her son Nikhil Age 07 years at N17A ½, Patharwala Bagh, Wazirpur, Delhi, her in laws are not residing with her as accused / applicant had done love marriage. She told that due to his poor health condition she was not able to take follow up of her treatment. Statement of her neighbour Banarso also recorded in this regard."

IO has very fairly stated that there is no previous criminal antecedents of the petitioner. I consider that taking into account the facts and circumstances of the case, the present applicant i.e. Vinay S/o Sh.Ishwar Singh is admitted to interim bail for a period of one month on furnishing of personal bond of Rs.10,000/- alongwith surety of the like amount to the satisfaction of Jail Superintendent subject to condition that petitioner shall not leave the city without permission of the concerned Trial Court.

DINESH KUMAR SHARMA, J JUNE 20, 2022 „sk‟ Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:23.06.2022 11:06:51