Delhi High Court - Orders
Paul Chinedu Ugwar vs State (Nct Of Delhi) on 23 February, 2021
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL. A. 448/2015
PAUL CHINEDU UGWAR ..... Appellant
Through: Mr. J.S. Kushwaha, Advocate.
Versus
STATE (NCT OF DELHI)
.... Respondent
Through Dr. M.P.Singh, APP for the State with
SI Ravi, PS Crime Branch, Narcotics.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 23.02.2021 The hearing has been conducted through Video Conferencing.
CRL.M. (BAIL) 262/2020
1. By way of the present application U/s 389 Cr.P.C. the appellant is seeking suspension of sentence and grant of bail till the final disposal of the appeal.
2. Briefly stated the facts of the case are that on 31.12.2011 at about 08:55 p.m., the appellant was apprehended in front of Hilton Hotel, Shivaji Road, Delhi by the raiding party. His search was conducted and during his search one transparent polythene was found in his right side pocket of jacket. The said polythene was found to contain Cocaine. The total weight of the recovered cocaine alongwith polythene was 175 Grams. F.I.R. No. 01/12 U/s 21(C) of NDPS Act & 420/474 IPC & 14 of Foreigners Act was registered at P.S. Crime Branch. Accused was arrested and investigation went underway. After the completion of the investigation charge sheet was filed. The Ld. Trial Court vide its judgment dated 23-12-2014 convicted the appellant for the offence punishable U/s 21(C) of the NDPS Act, 420/474 IPC & Section 14 of the Foreigners Act.
3. Vide order on sentence dated 21-02-2015, the appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a sum of Rs. One Lakh as fine and in default of payment of fine to undergo rigorous imprisonment for five months for the offence punishable under section 21 (C) of NDPS Act. The appellant was further sentenced to undergo rigorous imprisonment for one year and to pay a sum of Rs. 10,000/- as fine and in default of payment of fine to undergo rigorous imprisonment for six months for the offence punishable under section 420 IPC. The appellant was further sentenced to undergo rigorous imprisonment for one year and to pay a sum of Rs. 10,000/- as fine and in default of payment of fine to undergo rigorous imprisonment for six months for the offence punishable under section 474 IPC. He was further sentenced to undergo rigorous imprisonment for one year and to pay a sum of Rs. 10,000/- as fine and in default of payment of fine to undergo rigorous imprisonment for six months for the offence punishable under section 14 of the Foreigners Act. All the sentences were directed to be run concurrently.
4. In the present case, the appellant was arrested on 31.12.2011 and convicted on 23-12-2014 and as on date, he has completed more than 9 years in prison from the date of his arrest.
5. On the last date of hearing, the appellant had filed the address where he intends to stay in case he is released on bail. The state was directed to verify the said address and file a status report.
6. The state has filed the status report verifying the address of the appellant. Alongwith the status report, the state has filed a copy of rent agreement executed between Mrs. Suman (owner) and Ms. Teddy and statement of Ms. Teddy in which she has stated that she is currently living at D-263/I, Krishna Park, Devli Road, Delhi. She also stated in her statement that the said house was taken on rent by her sister who is wife of Paul Chinedu Ugwar (appellant) and she is currently in Tanzania (Africa). She also stated in her said statement that she is living with her sister and her husband (appellant) at the said address since last one year.
7. Keeping in view the above facts, I hereby suspend the sentence of the appellant till disposal of the appeal.
8. The appellant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Trial Court.
9. The appellant shall furnish his address and mobile number to the IO and as and when he changes his residential address or mobile number, the same shall be submitted to the IO. The appellant shall visit the concerned police station on last Sunday of every month between 04:00 p.m. to 06:00 p.m. and mark his attendance. The petitioner shall furnish an undertaking that he shall intimate his whereabouts to the concerned SHO on the 1st day of every month. The petitioner shall also telephonically report at the local police station once a week on every Monday. On each such occasion, the petitioner shall drop a Google pin from his mobile phone to the SHO of the police station concerned so as to inform the SHO about his current location.
10. The appellant shall not involve himself in any other case and in the event of any report against, this Court would consider the desirability of cancelling the suspension of sentence. The appellant shall also ensure his presence at the time of hearing of the appeal.
11. The application is allowed and disposed of.
12. Copy of this order be transmitted to the Jail Superintendent and the Trial Court concerned for compliance.
RAJNISH BHATNAGAR, J FEBRUARY 23, 2021 Sumant