Delhi High Court - Orders
Nisha @ Putalya vs State Nct Of Delhi on 2 March, 2020
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 110/2017
NISHA @ PUTALYA ..... Appellant
Through Ms Alka Singh, Mr Vaibhav Tomar,
Advocates.
versus
STATE NCT OF DELHI ..... Respondent
Through: Ms Meenakshi Chauhan, APP for State.
SI Rahul, P.S. Bhajanpura.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 02.03.2020 CRL.M.(BAIL) 442/2019
1. The appellant has filed the present application, inter alia, praying that the sentence awarded to the appellant be suspended till the hearing of the present appeal.
2. The learned counsel appearing for the appellant has relied on the decision of the Punjab & Haryana High Court in Daler Singh v. State of Punjab: (2007) 1 RCR Crl. 316.
3. The appellant was apprehended on the basis of a secret information that was received on 09.12.2014. A raiding team was constituted and its members positioned themselves along with the informer at the spot. It is the prosecution's case that the appellant was identified by the informer at the spot. She was carrying a weighty pink thaili in her right hand. On examination, it was found that it contained 270 grams of Heroin, of which samples were also taken. It is also the prosecution's case that a notice under Section 50 of the Narcotics, Drugs and Psychotropic Substances Act, 1985 was served on the appellant, however, she declined to be searched in front of a magistrate or a gazetted officer. It is also stated that she is an illiterate lady and therefore, her refusal to be searched before a Magistrate / Gazetted Officer was recorded by SI Yakub Khan (one of the members of the team that was constituted to apprehend the appellant).
4. Admittedly, the appellant was convicted and sentenced to undergo ten years of rigorous imprisonment along with a fine of ₹1,00,000/- and in default of payment of such fine, to serve simple imprisonment for a further period of one year.
5. The appellant has already served more than five years of the said sentence. The perusal of the nominal roll, which is on record, indicates that her conduct in the jail has been satisfactory. Considering that there is little possibility of the appeal being heard at an early date and that the appellant has three minor children, this Court considers it apposite to allow the present application and suspend the sentence awarded to the appellant till the hearing of the captioned appeal.
6. The appellant shall be released subject to her furnishing a personal bond in the sum of ₹15,000/- and a surety of the like amount to the satisfaction of the concerned Registrar of this Court. The appellant shall provide her contact number and ensure that she is reachable at all times. The appellant shall also report to the concerned police station (PS Bhajanpura) on every first and third Monday of each calendar month. The appellant shall be present in this Court as and when the present appeal is listed for hearing.
7. The application is allowed in the aforesaid terms.
8. Order dasti under signatures of the Court Master.
VIBHU BAKHRU, J MARCH 02, 2020 pkv