Delhi High Court
Babu Ram @ Fauji vs The State on 16 December, 2008
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Crl.M.B.No.1528/2008 in Crl. Appeal No.61 of 2005
% Date of Decision: 16.12.2008
Babu Ram @ Fauji .... Appellant
Through Mr.Mukesh Kalia, Advocate
Versus
The State .... Respondent
Through Mr.M.N.Dudeja, APP for the State.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE V.K. SHALI
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J.
*
Crl.M.B.No.1528/2008
This is an application by the applicant/Appellant for suspension
of his sentence and his release on bail.
The applicant has contended that he has already undergone
incarceration of seven years and the appeal of the applicant is likely to
take a long time for disposal. It is further contended that he served the
country as an Army man for more than 30 years and he is a married
person and his wife is a heart patient. She is also suffering from
arthritis and is bed-ridden. The daughter of the applicant is also
stated to be a handicapped person and is of marriageable age.
The applicant has also contended that his sentence was
suspended and he was released on interim bail pursuant to order dated
4th April, 2005 in Crl.M.B. No.118 of 2005 for a period of four months.
The applicant is stated to have surrendered after the expiry of the said
period of interim bail. The applicant is also stated to be a heart patient
and pursuant to his angiography report he had filed another application
being Crl.M.B. No.188/2006. By order dated 16th February, 2006 his
sentence was suspended and he was released on interim bail for a
period of six months. His interim suspension of sentence and bail was
further extended by order dated 11th August, 2006 for another period of
six months till 19th February, 2007. In Crl.M.B. No.172/2007 which
was allowed by order dated 19th February, 2007 his period of interim
bail was further extended uptil 19th August, 2007. The applicant has
given further details of extension of his interim bail from time to time
and he was on interim bail till 28th November, 2008.
It has also been contended on behalf of applicant that he is not
keeping good health in jail and is suffering from various heart ailments.
During the period of his interim bail his condition had become critical.
It is stated that he was hospitalized in Hindu Rao Hospital on 16th May,
2005 and the angiography was conducted on 18th November, 2005. The
applicant is stated to be suffering from coronary artery with blockage in
LAD artery, px 85% distal plaquing, LCX artery, px 100% Stenosip,
RCN, mid 100% distally retrograde filling vig L. According to his
medical report he is not yet fit for thoracic surgery, however, he has to
be treated in conservative manner. The applicant has contended, in the
facts and circumstances, that his condition is very critical and he is not
responding to the medicines and is virtually lying on death bed and is
counting his last days.
The medical condition of the applicant cannot be denied,
especially since he had been released on interim bail from time to time
and he was on interim bail till 28th November, 2008. The facts
pertaining to the medical condition of the applicant were got verified
before the interim bail was granted to him earlier from time to time.
Considering the totality of facts and circumstances and for the
foregoing reasons the interim suspension of sentence for three months
from the date of release is granted. The appellant/applicant be released
on bail on his furnishing a personal bond of Rs.25,000/- with one
surety of like amount to the satisfaction of the trial Court. On the expiry
of the interim period of suspension the appellant/applicant shall
surrender to the concerned authorities unless the interim suspension is
further extended by the order of this Court. The appellant applicant
shall not approach the complainant in any manner during the period of
his interim suspension of sentence.
A copy of this order be given dasti under the signatures of the
Court Master of this Court.
ANIL KUMAR, J.
December 16, 2008 V.K. SHALI, J.
'Dev'
