Supreme Court - Daily Orders
Naresh Kumar vs State Of Nct Of Delhi on 12 April, 2023
Bench: Aniruddha Bose, Sudhanshu Dhulia
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ITEM NO.12 COURT NO.11 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1337/2019
NARESH KUMAR Appellant(s)
VERSUS
STATE OF NCT OF DELHI & ANR. Respondent(s)
( IA No. 93503/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 93506/2019 - EXEMPTION FROM FILING O.T., IA No.
135259/2019 - GRANT OF BAIL & IA No. 93501/2019 - STAY
APPLICATION)
WITH
Crl.A. No. 1772/2022 (II-C)
(IA No. 124401/2021 - APPLICATION FOR PERMISSION
IA No. 119101/2021 - APPLICATION FOR PERMISSION
IA No. 94303/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT & IA No. 39725/2022 - GRANT OF BAIL)
Date : 12-04-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
HON'BLE MR. JUSTICE SUDHANSHU DHULIA
For Appellant(s) Mr. Siddhartha Dave, Sr. Adv.
Ms. Smita Maan, AOR
Mr. Vishal Maan, Adv.
Mr. Tripurari Ray, Adv.
Mr. Balwant Singh Billowria, Adv.
Mr. Anirudh Ray, Adv.
Signature Not Verified
Mr. Vivekanand Singh, Adv.
Mr. Atul Wadera, Adv.
Digitally signed by
NIRMALA NEGI
Date: 2023.04.12
16:37:55 IST
Reason: Mr. Nithyananda Murthy P, Adv.
Ms. Bhanu Prabha, Adv.
Ms. Shilpa Singh, AOR
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For Respondent(s) Mr. Jayant K.sud, A.S.G.
Ms. V.Mohana, Sr.Adv.
Mr. Shreekant Neelappa Terdal, AOR
Ms. Archana Pathak Dave, Adv.
Mr. P.V.Yogeswaran, Adv.
Ms. Preeti Rani, Adv.
Dr. N. Visakamurthy, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the appellant in Criminal Appeal No.1337/2019. The present appeal is against a judgment of reversal and the offences alleged to have been committed by the appellant are under Section 376 and 366 read with Section 34 of the Indian Penal Code. This Court had released the applicant on interim bail for a period of two months by the order passed on 11.10.2022. However, the appellant - Naresh Kumar could not furnish the bail bonds and hence did not avail the order for interim bail.
By the same order of this Court the interim bail was also granted to Jai Parkash, the appellant in Criminal Appeal No.1772/2022. He was also released on interim bail. He has availed the interim order and has subsequently surrendered after the stipulated period of two months. The appellant - Jai Parkash was convicted under Section 366 read with Section 34 of the Indian Penal Code.
Both the appellants have undergone imprisonment of more than three years. The sentence of imprisonment awarded against Naresh Kumar is for 10 years with fine and default sentence whereas in the case of Jai Parkash, it is seven years with fine alongwith provision of default sentence.
3In the given circumstances pending conclusion of the appeals, we suspend the sentence of the appellants and direct that the appellants shall be released on bail on each furnishing personal bond and one surety each for reasonable amount to be fixed by the Court concerned and such other conditions that may be imposed by the said Court.
IA Nos. 135259/2019 & 39725/2022 are allowed in the above terms.
The appeals be listed on 19.07.2023.
(NIRMALA NEGI) (VIDYA NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR