Somvir & Ors. vs State
2012 Latest Caselaw 4596 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CRIMINAL APPEAL NO.1004 OF 2011

                                          Decided on :   3rd August , 2012

SOMVIR & ORS.                                      ...... Appellants
                        Through: Mr. Ajay Burman, Advocate.

                                Versus

STATE                                               ......     Respondent
                        Through: Mr. Sunil Sharma, APP for the State.

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

V.K. SHALI, J. (ORAL)

Criminal M. (Bail) No.1419/2011

1. This is an application under Section 389 Cr.P.C. for

suspension of sentence and enlargement of appellant No.3, Kapil,

on bail.

2. I have heard the learned counsel for the appellant. He has

contended that the appellant No.3 is of young age and he has

already undergone nearly 2 ½ years of sentence out of total

sentence of seven years and as the appeal is not likely to be taken

up in immediate future, therefore, his sentence be suspended and

he be released on bail.

3. The learned APP for the State has opposed the application for

grant of suspension of sentence and for enlargement of the

appellant on bail on the ground that the appellant is a hard core

criminal and this is evident from the fact that in the order on

sentence itself, details of seven cases have been given in which the

appellant is involved. Out of these seven cases, three cases are

under Section 302 IPC and all these cases pertain to the State of

Haryana.

4. It is contended that the plea of the appellant that he has been

falsely implicated in this case is also incorrect as most of the cases

which have been registered against the appellant are in State of

Haryana where Delhi Police can have no control. Accordingly, it is

prayed that the application of the appellant be dismissed.

5. I have carefully considered the submissions made by the

respective sides. Keeping in view the fact that the appellant is

involved in 6-7 heinous criminal cases, I am not inclined to suspend

the sentence of the appellant and release him on bail. Accordingly,

the application is dismissed.

V.K. SHALI, J.

AUGUST 03, 2012 'AA'