Lalit Balhara & Ors vs State
2014 Latest Caselaw 5923 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+        CRL.A. 949/2012
         LALIT BALHARA & ORS                         ..... Appellant
                         Through : Mr. Sanjay Suri, Advocate

                                      versus

         STATE                                                     ..... Respondent
                                      Through :   Ms. Ritu Gauba, APP for State along
                                                  with SI Ajmer Singh, STF/Crime
                                                  Branch.
         CORAM:
         HON'BLE MS. JUSTICE SUNITA GUPTA

                           ORDER

% 18.11.2014

CRL. M.B. 10102/2014(suspension of sentence)

1. This is an application under Section 389 Cr.P.C. r/w Section 482 Cr.P.C. for suspension of sentence and grant of bail during the pendency of the appeal moved on behalf of the appellant/applicant - Ms. Preeti Balhara. It is submitted by the learned counsel for the applicant that the applicant has two minor children, a daughter Lavnika aged about 16 years and a son Tushar aged about 10 years. Due to incarceration of the applicant as well as her husband in jail, the children have become destitute. Their studies have affected adversely. Daughter Lavnika is in Class XII and now both the children are not attending the school.

2. Reliance was placed on the order dated 21st February, 2014 in Crl. Appeal No. 229/2014 where under similar circumstances, the sentence of the appellant was suspended. It was further submitted that in case the Court does not deem it fit to suspend the sentence till the disposal of the appeal, at least in order to enable to appear the children in their exams, the sentence be

suspended till April, 2015.

3. The application is opposed by learned APP for the State on the ground that the allegations levelled against the petitioner are very serious in nature. She along with her husband gave continuous intense beating and battering to the minor child namely Shaurya aged about 6 years and he has suffered multiple fractures on his body in the years of his infancy and had to be hospitalized on number of occasions. It was further submitted that after the passing of the conviction order, the petitioner has availed the interim bail for a period of about 8 months on different occasions. The children are not attending their respective schools. As such, the application be dismissed.

4. Needless to say and as observed by the learned Additional Sessions Judge, the allegations against the applicant are very serious in nature, inasmuch as, the applicant and her husband were found to be guilty of making continued and systematic attempt to kill the minor child by unleashing a reign of terror, torture and inhuman treatment upon him. The child was just three years of age at that time when he fell prey to the perversity and barbarism of the convict. He was beaten and battered brutally resulting in fractures in different parts of the body. He was kept locked in a room without food and left to starve.

5. However, the prayer for grant of interim bail is made on account of two minor children who are alleged to have become destitute since the applicant and her husband are lodged in jail. The factum that their studies have been adversely affected is not even disputed by the State as the status report mentions that the children are not attending their respective schools. The Investigating Officer was directed to verify whether there is any hostel facility available in the school where children are studying and it has been

reported that no hostel facility is available in the school where the children are studying.

6. Under the circumstances, keeping in view the larger interest of the children, more particularly, the girl Lavnika who is in 12 th Standard, the appellant/applicant - Preeti Balhara is granted interim bail till 31st March, 2015 on her furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Court concerned subject to the conditions that:

(i) She shall surrender her passport, if any, and not leave the country without prior permission of the Trial Court.

(ii) She shall furnish her address and contact number to the SHO as well as to Trial Court and also inform if there is any change of address or contact number.

She is directed to surrender before the Superintendent Jail on 1 st April, 2015 at 10:00 AM.

The application stands disposed of accordingly. A copy of this order be given dasti under the signatures of the Court Master to counsel for the parties.

SUNITA GUPTA, J NOVEMBER 18, 2014 rs