Ashok Kumar Phull vs The State Of Delhi
2014 Latest Caselaw 5300 Del

$~5
*           IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of Decision: 28th October, 2014

+                 Crl. M.B.993/2014 in CRL.A. 612/2014

            ASHOK KUMAR PHULL                                   ..... Appellant
                         Through:             Mr K.B. Andley, Senior advocate with
                                              Mr. Mohammed Shamikh, Advs.
                                   Versus

            THE STATE OF DELHI                                   ..... Respondent
                           Through:           Ms. Jasbir Kaur, Additional Public
                                              Prosecutor for the State alongwith SI
                                              Bupender Singh Police Station AC.
                                              Branch .
%
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
                  JUDGMENT

: SUNITA GUPTA, J.

Crl. M.B 993/2014 (for suspension of sentence)

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

the appellant on bail during the pendency of the appeal. The appellant has

been convicted and sentenced as under:-

(i) RI for 2 years and fine of Rs.25,000/-, in default of payment of fine SI for 2 months u/s 120B IPC;

(ii) RI for 2 years and fine of Rs.25,000/-, in default of payment of fine SI for 2 months u/s 7 of PC Act read with Section 120B IPC and

(iii) RI for 3 years and fine of Rs.25,000/-, in default of payment of fine SI for 2 months u/s 13(i)(d) of PC Act punishable u/s 13(2) PC Act read with Section 120B IPC.

2. It is submitted that the appellant was on bail and after the passing of

the conviction order, his sentence was suspended in order to enable him to

file an appeal before this court. He had already deposited the fine. After

the filing of the appeal, the interim order passed by the Trial Court was

extended on the same terms and conditions. Under the circumstances, the

interim order is confirmed till the disposal of the appeal, subject to the

further condition that:-

(i) The appellant shall be released on furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Court;

(ii) Deposit of fine shall be a condition precedent for release on bail;

(iii) The appellant shall not leave the country without the prior permission of this Court;

(iv) He shall surrender his passport with the Registrar of this Court;

(v) He shall furnish his address and contact number to the respondent and this Court and also inform in case of any change in his address;

(vi) He shall remain present in Court as and when the appeal is taken up for hearing.

Application stands disposed of.

Dasti under the signature of Court Master.

(SUNITA GUPTA) JUDGE OCTOBER 28, 2014 as