Delhi High Court - Orders
Manoj Gogia @ Maanav Maan vs State Govt. Of Nct Of Delhi And Anr. & Anr on 22 December, 2023
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 989/2023
MANOJ GOGIA @ MAANAV MAAN ..... Appellant
Through: Dr.Menaka Guruswamy, Sr. Adv.
with Ms.Arundhati Katju,
Mr.Mohammad Ali Chaudhary,
Mr.Utkarsh Pratap, Mr.Lavkesh
Bhambhani, Mr.Harshwardhan
Thakur, Ms.Shristi Borthakur,
Ms.Ritika Meena & Mr.Abu Zar
Ali, Advs.
versus
STATE GOVT. OF NCT OF DELHI AND ANR. & ANR.
..... Respondents
Through: Ms. Manjeet Arya, APP for State.
Insp.Sushil Tiwari W/SI Nitesh.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 22.12.2023
Crl.M.(Bail) 1675/2023
1. The present appeal has been preferred by the appellant seeking quashing/setting aside of the impugned judgment dated 25.04.2023 and order on sentence dated 27.09.2023 passed by learned trial Court in case SC No.06/2016 in FIR No.1199/2015, for the offence punishable under Section 376/420/467/468/34 IPC, registered at PS Saket, Delhi whereby appellant was held guilty and sentenced to undergo rigorous imprisonment for life with fine of Rs.2,10,000/- for the offence punishable under Section 376 IPC. In default of payment of fine, he Crl.A.989/2023 Page 1 of 4 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 23/12/2023 at 03:25:53 would have to undergo simple imprisonment for one month. He is further sentenced to undergo rigorous imprisonment for one year each for the offence punishable under Section 417/471 IPC. All the sentences were directed to run concurrently.
2. Vide this application, the appellant is seeking suspension of sentence in case aforesaid FIR during pendency of the appeal.
3. Learned counsel for the appellant has drawn the attention of this Court to the order dated 28.04.2022 passed by learned Single Judge of this Court whereby it was observed as under:
"Today Dr. Philip Kar, Senior Resident, Medicine Department from Tihar has joined the proceedings through VC and submits that the petitioner is in urgent need of surgery which cannot be provided at a short notice from custody.
Keeping in view the medical condition of the petitioner, it is directed that the sentence awarded to the petitioner be suspended for a period of 6 weeks from today to enable petitioner to undergo necessary surgery at his own expense and risk.
In this view of the matter, the sentence of the appellant is suspended for a period of 8 weeks, subject to furnishing of a personal bond and a surety bond of Rs. 20,000/-, subject to the satisfaction of the Jail Superintendent. After the expiry of 8 weeks, the petitioner shall surrender to the Jail authorities."
4. The learned APP for State has opposed the present application by submitting that for the same reason, earlier also, his sentence was suspended and released on bail, however, applicant/appellant did nothing and now the present application is for the same relief. Thus, the present application deserves to be dismissed.
Crl.A.989/2023 Page 2 of 4This 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 23/12/2023 at 03:25:53
5. Learned counsel for the appellant/applicant submits that applicant seeks suspension of sentence on three grounds, viz., severe health complications, subsequent referral for surgery and the period of incarceration undergone by the appellant. He further submits that applicant/appellant has been ailing whilst in judicial custody ever since the year 2021. Moreover, his medical condition was also previously considered by learned Single Judge as mentioned above.
6. We have perused the medical report and it is not in dispute that applicant being operated for Laparoscopic Cholcystectomy on 30.11.2021, the appellant's physical health deteriorated inasmuch as the appellant faced shortness of breath, frequent vomiting coupled with severe abdominal pain with increased severity of symptoms. The medical officer advised USG Abdomen along with chest X-ray and several other medical tests.
7. It is pertinent to mention here that after the surgery, the applicant surrendered on 11.01.2022. Soon thereafter from 18.01.2022 and 20.01.2022, he complained of acute abdominal pain coupled with fever and vomiting and was diagnosed with post Cholecystectomy Syndrome by the Central Jail Hospital, Tihar/Madoli.
8. Even as per nominal roll dated 18.12.2023, the appellant has undergone sentence for 4 years 11 months and 12 days as on 17.12.2023 and earned remission of 12 days. Thus, as on date, he has undergone sentence for almost about 5 years. Applicant/appellant is also convicted in case FIR No.654/2016 registered at Police Station Neb Sarai under Sections 376/420/417 IPC and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.2,02,000/- and in default of Crl.A.989/2023 Page 3 of 4 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 23/12/2023 at 03:25:54 payment of fine, he would have to undergo simple imprisonment of four months. Another pending case against him registered at Police Station Laxman Jhula, Paudi Garhwal, Uttarakhand in FIR No.18/2023 under Sections 376/420 IPC, however, he is on bail in both the cases.
9. Keeping in view the aforesaid facts, we hereby suspend the sentence of the appellant for a period of two months from the date of his release. Hence, the appellant be released on bail, if not required in any other case, on his furnishing a bail bond of Rs.10,000/- with one surety of like amount to the satisfaction of learned trial court concerned.
10. After the expiry of period of 2 months, the appellant shall surrender before the concerned jail authority.
11. Copy of order be transmitted to the concerned jail authorities for compliance.
12. Application stands disposed of.
13. It is made clear that if the surgery is required and is not done by the appellant this time, no further extension shall be granted to the appellant.
SURESH KUMAR KAIT, J SHALINDER KAUR, J DECEMBER 22, 2023/ab Crl.A.989/2023 Page 4 of 4 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 23/12/2023 at 03:25:54