Delhi High Court - Orders
Raja Halder vs State Nct Of Delhi on 11 September, 2023
Author: Amit Bansal
Bench: Amit Bansal
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 288/2021
RAJA HALDER ..... Appellant
Through: Mr. Kanhaiya Singhal, Mr. Prasanna,
Mr. Ujwal Ghai, Mr. Ajay Kumar,
Mr. Udit Bakshi, Ms. Deepali Pawar,
Mr. Anmol Chopra, Mr. Teeksh
Singhal and Mr. Gurjass S. Puri,
Advocates.
versus
STATE NCT OF DELHI ..... Respondent
Through: Ms. Shubhi Gupta, APP for the State.
SI Amit Kumar, PS - Govind Puri.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 11.09.2023 CRL.M.(BAIL) 941/2023 (suspension of sentence)
1. This matter is taken up today as 8th September, 2023 was declared as a holiday on account of G20 Summit.
2. By way of the present application, the applicant/appellant seeks interim suspension of sentence for a period of sixty days in FIR No. 242/2018 under Sections 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and 376AB of the Indian Penal Code, 1860 (IPC) registered at Police Station Govind Puri.
3. Though the grounds stated in the application are that the applicant seeks to repair his house, the counsel for the applicant states that the CRL.A. 288/2021 Page 1 of 3 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 16/09/2023 at 18:08:34 applicant gives up the aforesaid ground and states that the applicant may be released on bail so as to look after his father, who is blind.
4. Earlier, the applicant was granted interim bail for 30 days by this Court vide order dated 12th January, 2023 and he duly surrendered.
5. Learned APP opposes the interim suspension on the ground that the applicant has been convicted for serious offences under Sections 6 of the POCSO Act and 376AB of the IPC and has been awarded 20 years of rigorous imprisonment.
6. Learned APP also objects to the applicant travelling to West Bengal during the period of interim bail.
7. In light of the above, this Court is inclined to grant interim bail to the applicant for a period of 15 days from the date of release, upon furnishing a personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the Trial Court and further subject to the following conditions:
i. The applicant will not leave the NCT of Delhi. ii. The applicant shall provide permanent address to the Trial Court. The petitioner shall intimate the Court by way of an affidavit and to the Investigating Officer (IO) concerned regarding any change in residential address.
iii. The applicant shall appear before the Court as and when the matter is taken up for hearing.
iv. The applicant 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.CRL.A. 288/2021 Page 2 of 3
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 16/09/2023 at 18:08:34 v. The applicant shall report to the SHO, PS Govindpuri on every Friday at 11 AM.
vi. The applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses or any member of the victim's family.
8. The applicant shall surrender immediately after the expiry of 15 days from the date of release.
9. Copy of the order be sent to the Jail Superintendent for information and necessary compliance.
10. Accordingly, the application is disposed of.
AMIT BANSAL, J.
SEPTEMBER 11, 2023 kd CRL.A. 288/2021 Page 3 of 3 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 16/09/2023 at 18:08:34