Delhi High Court
Sudhir vs State (Govt. Of Nct Of Delhi) on 15 November, 2010
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Crl. MB No. 1559/2010 in CRL.A. No.646/2010
% Date of Decision: 15.11.2010
Sudhir .... Appellant
Through Mr.Anurag Jain, Advocate
Versus
State (Govt. of NCT of Delhi) .... Respondent
Through Mr.Jaideep Malik, APP
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR.JUSTICE S.L.BHAYANA
1. Whether reporters of Local papers may YES
be allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be NO
reported in the Digest?
ANIL KUMAR, J.
*
Crl. MB No. 1559/2010
This is an application by the appellant/applicant seeking interim
suspension of his sentence and to release him on bail for a period of two
weeks from the date of his release to attend the marriage and other
ceremonies of his sister's marriage. The applicant has filed the wedding
card along with his application for suspension of sentence. The
applicant was convicted in SC no. 109 of 2008 titled State Vs Manoj &
ors arising out of FIR No.262 of 2008 P.S Seemapuri under section
302/34 of IPC by order dated 15th April, 2010 and sentenced to undergo
life imprisonment and a fine of Rs.2000 by order dated 19th April, 2010
The State has filed a status report stipulating that on enquiry, it
has been revealed that Nirmala, D/o Sh. Indal Otwar, R/o E-103/106,
Deepak Colony, Kalander Colony, Dilshad Garden, Delhi-95 is to be
married with Sonu S/o Sh. Mast Ram, R/o Choti Kela, (behind Shiva
Petrol Pump), Gali No.1, Hapur Mor, Ghaziabad, U.P. on 17th November,
2010.
Status report also indicates that bride Nirmala is the real sister of
the appellant/applicant. The status report is based on the statement of
the appellant/applicant's mother and neighbours who have all
supported the fact about the marriage of the sister of the
appellant/applicant.
Consequently, since the sister of the appellant/applicant is to be
married with Sonu on 17th November, 2010 and there is no other fact
disclosed in the status report which will disentitle him for suspension of
his sentence in order to attend the marriage of his sister. In the
circumstances the appellant/applicant is entitled to attend the
marriage of his sister and the ceremonies pertaining to the marriage.
For the foregoing reasons, the sentence of the appellant/applicant
is suspended for a period of two weeks from the date of his release and
the appellant/applicant be released on bail on his furnishing a personal
bond in the sum of Rs.10,000/- with one surety of the like amount to
the satisfaction of the Trial Court.
The appellant/applicant shall surrender himself after expiry of
his period of interim suspension of sentence to the concerned
authorities. The application is disposed of with these directions.
A copy of the order be sent to the concerned Jail Superintendent
for compliance forthwith. A copy of this order be also given to learned
counsel for the appellant/applicant under the signature of the Court
Master.
ANIL KUMAR, J.
S.L. BHAYANA, J.
OCTOBER 15, 2010
'VK'
