Sudesh Kumar Rana vs The State (Govt. Of Nct Of Delhi)
2010 Latest Caselaw 4879 Del

*                    IN THE HIGH COURT OF DELHI AT NEW DELHI
+                 Crl. M.B No. 1269/2010 in Crl.A. No.1069/2010
%                              Date of Decision: 21.10.2010
Sudesh Kumar Rana                                                       .... Appellant

                           Through Mr.Ranbir Singh Kundu, Advocate

                                           Versus

The State (Govt. of NCT of Delhi)                                    .... Respondent

                Through Mr.Lovkesh Sawhney, 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. 1269/2010

This is an application by the applicant seeking interim

suspension of sentence for a period of two months for arranging the fees

for colleges of his children and for performing ceremonies for his

deceased father and brother who have died in September, 2010 and

October, 2010.

The appellant/applicant was convicted under Section 120-B read

with Sections 364 and 302 of Indian Penal Code and sentenced to

undergo rigorous imprisonment for 14 years and a fine of Rs.25,000/-

and in default to undergo simple imprisonment for 2 years under

Section 120-B of Indian Penal Code. The appellant/applicant has also

been sentenced to undergo life imprisonment and a fine of Rs.50,000/-

under Section 302 of Indian Penal Code and undergo life imprisonment

and a fine of Rs. 50,000/- under Section 364 of Indian Penal Code and

in default of payment of fine to further undergo rigorous imprisonment

for 5 years. He has also been sentenced to undergo rigorous

imprisonment of 7 years and a fine of Rs.25,000/- and in default of

payment of fine to further undergo rigorous imprisonment of 1 years

under Section 201 of Indian Penal Code. The appellant/applicant has

filed the above noted appeal against judgment dated 12th July, 2010

and order of sentence dated 15th July, 2010.

The appellant/applicant is stated to be a constable in Delhi Police

and he is sole bread earner and his family consists of his wife, daughter

Anjali Rana aged about 21 years and son Gaurav Rana aged about 17

years and another son, namely, Saurav Rana aged about 15 years.

The appellant/applicant has been dismissed from service and he

is not receiving any emoluments on account of his service. According to

the appellant/applicant, his son has got admission in HR Institute of

Hotel Management at Ghaziabad and he is required to pay Rs. 83,550/-

as his fee. The daughter of the appellant/applicant, Anjali Rana, is also

studying Engineering/B.Tech IIIrd Year from D.J.College of Engineering

and Technology, Modi Nagar, Ghaziabad (U.P.) and college fee is also to

be paid for her. The appellant/applicant has filed a communication

dated 7th September, 2010 to D.J.College of Engineering and

Technology, Modi Nagar, Ghaziabad (U.P.) regarding his daughter Anjali

Rana stipulating that fees of about Rs.1,05,000/-is to be paid for his

daughter. In the circumstances, the appellant/applicant has prayed

that his sentence be suspended for a period of two months so that he

could arrange finance for payment of fees of his son and daughter.

The appellant/applicant has also contended that his father has

died on 4th September, 2010. The younger brother of the

appellant/applicant is also stated to have died on 17th October, 2010 at

his native village house, District Baghpat, U.P. and his Terahvi is fixed

for 27th October, 2010. The applicant has stated that he has to perform

various rites after the death of this father and brother.

The learned Additional Public Prosecutor, on instruction, has not

refuted that son and daughter of the appellant/applicant are studying.

It is also contended by the learned Additional Public Prosecutor that the

brother of the appellant/applicant has since died.

In the foregoing circumstances, it is apparent that the applicant

has to arrange for the funds for the fees of his children and there is no

one in the family of the appellant/applicant to arrange finance for him

after the death of his father and brother. Since the father and the

brother of the appellant/applicant have also died, the ceremonies and

rites have to be performed after their death. In the circumstances, it will

be just and appropriate to suspend the sentence of the

appellant/applicant for a period of two months and to release him on

bail so that he could arrange the funds for the fees of his children and

also attend the ceremonies and rites after the death of his father and

brother.

For the foregoing reasons, the sentence of the appellant/applicant

is suspended for a period of two months from the date of his release and

the appellant/applicant be released on interim bail on his furnishing a

personal bond in the sum of Rs.10,000/- with two sureties of the like

amount to the satisfaction of the trial court. The appellant/applicant

shall surrender after the expiry of the period of interim suspension of

sentence.

A copy of this order be sent to the Superintendent Jail for

compliance.

Dasti.

ANIL KUMAR, J.

S.L.BHAYANA, J.

OCTOBER 21, 2010 'VK'