Sukhbir Singh vs State
2011 Latest Caselaw 3648 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                  CRL. A. No. 295/2011

                               Date of Decision : 01.08.2011

SUKHBIR SINGH                                 ...... Appellant
                        Through:Mr. Sudhir Nandraj Jog,
                        Sr. Adv. with Mr. Abhay Kumar, Adv.

                             Versus

STATE                                      .... Respondent
                             Through: Mr. Navin Sharma, APP.


CORAM :
HON'BLE MR. JUSTICE V.K. SHALI

1.     Whether Reporters of local papers may be
       allowed to see the judgment?                          NO
2.     To be referred to the Reporter or not ?               NO
3.     Whether the judgment should be reported
       in the Digest ?                                       NO

V.K. SHALI, J. (oral)

Crl. M. (B) No. 799/2011


1.     This is an application for suspension of sentence and for

       enlargement of the appellant on bail during the pendency

       of the appeal.




Crl. A. 295/2011                               Page 1 of 4
 2.     Briefly stated, the facts of the case are that the appellant

       was convicted for an offence under Section 7 and 13(1)

       (d)     read   with   section   13(2)   of    the   Prevention      of

       Corruption Act, 1988 vide the judgment and the order of

       sentence dated 27.01.2011 and 29.01.2011 respectively

       and sentenced to RI of two years and a fine of Rs.3,000/-

       .     The appellant had filed an application bearing Crl. M.

       (B) No. 382/2011 for suspension of sentence which was

       dismissed by my learned Predecessor vide order dated

       10.03.2011.       Against the said order, the appellant had

       filed a special leave petition bearing no. 2403/2011

       which was also dismissed on 16.03.2011.               It has been

       contended that the appellant was in judicial custody from

       10.09.2006 to 20.09.2006.           After rejection of his bail

       application     he    surrendered    on      21.03.2011       and   is

       presently in judicial custody. It is stated that keeping in

       view the fact that the petitioner has already been in

       custody for almost seven or eight months, he may be




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        extended the benefit of suspension of sentence and

       enlargement on bail.


3.     I have carefully considered the submissions made by the

       learned senior counsel for the appellant and have gone

       through the record.


4.     Since the earlier application for suspension of sentence of

       the appellant was dismissed by this Court on 10.03.2011

       which got the seal of approval by the Apex Court on

       16.03.2011, I feel that the present application for

       suspension   of   sentence   does   not    deserve       to   be

       entertained at all.       Moreover, there are no new

       circumstances which may warrant a fresh consideration

       of the prayer of the appellant for suspension of sentence

       and for enlargement on bail.      Accordingly, the present

       application for suspension of sentence and enlargement

       of the appellant on bail is dismissed.    However, keeping

       in view the fact that the appellant has been sentenced to




Crl. A. 295/2011                                  Page 3 of 4
        a maximum period of two years, therefore, the hearing of

       the appeal be expedited.


CRL. A. No. 295/2011


       List in the category of 'After Notice Misc. Matters' on

22.11.2011.




                                                V.K. SHALI, J.

August 01, 2011 KP