Delhi High Court - Orders
Anil vs State on 20 October, 2023
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 729/2019
ANIL ..... Appellant
Through: Mr. Kanhaiya Singhal, Mr. Ujwal
Ghai, Mr. Prasanna, Mr. Ajay Kumar,
Mr. Udit Bakshi, Mr. Anmol Chopra
and Mr. Teeksh Singhal, Advs.
versus
STATE ..... Respondent
Through: Mr. Hemant Mehla, APP for State
with Insp. Manjeet Singh, PS. Neb
Sarai.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 20.10.2023 CRL.M.(BAIL) 1379/2023 (suspension of sentence)
1. The present application has been filed under Section 389 Cr.P.C. seeking suspension of sentence.
2. The learned counsel for the appellant submits that the appellant was convicted under Section 498A/304B IPC and Section 4 of Dowry Prohibition Act, 1961 and has been sentenced to undergo imprisonment for a period of 10 years.
3. He invites the attention of the Court to the nominal roll dated 10.10.2023. A perusal of the said nominal roll shows that as on 09.10.2023, the unexpired portion of sentence is 5 years 3 months and 5 days. He submits that the case of the appellant is covered by the judgment of Supreme Court in "Sonadhar v. The State of Chhatisgarh", in SLP (Crl.) 529/2021 and in "Saudan Singh vs. State of U.P", 2021 SCC OnLine SC 3259.
4. He further submits that the father of the appellant is suffering from 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 23/10/2023 at 21:37:09 paralysis and is 75% disabled, who needs continuous care and attention. To buttress his contention, he invites the attention of the Court to the order dated 15.07.2020 where it has been so recorded. The attention of the Court is also drawn to the certified copy of the disability certificate of the appellant's father, wherefrom it is clearly borne out that the appellant's father suffers from 75% disability.
5. The Hon'ble Supreme Court in Saudan Singh (supra) and Sonadhar (supra) has laid down that for convicts in custody in cases other than life sentence cases, the broad parameter of 50% of the actual sentence could become basis for suspension of sentence.
6. Keeping in view the law laid down by the Supreme Court and considering the fact that the appellant has already undergone almost 50% of the sentence awarded to him and that the disposal of appeal is likely to take time and further regard being had to the fact that appellant's father is paralytic requiring continuous care and attention, the sentence of the appellant is suspended subject to his furnishing a Personal Bond in the sum of Rs.10,000/- and one Surety Bond of the like amount to the satisfaction of the learned Trial Court/CMM/Duty Magistrate, further subject to the following conditions:-
a) Appellant/applicant shall appear before the Court as and when the matter is taken up for hearing.
b) Appellant/applicant shall provide mobile number to the IO concerned which shall be kept in working condition at all times and shall not change the mobile number without prior intimation to the Investigating Officer concerned.
c) Appellant/applicant shall not indulge in any criminal activity 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 23/10/2023 at 21:37:09 and shall not communicate with or come in contact with the complainant or any family members of the complainant.
7. The application is disposed of.
8. Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance and information.
9. Order dasti under signatures of the Court Master.
10. Order be uploaded on the website of this Court.
VIKAS MAHAJAN, J OCTOBER 20, 2023/dss 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 23/10/2023 at 21:37:10