Delhi High Court
Ashish Kumar Alias George Bush vs State on 6 August, 2015
Author: Suresh Kait
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 6thAugust, 2015
+ CRL. A.No. 639/2015
ASHISH KUMAR @ GEORGE BUSH ..... Appellant
Represented by: Mr. Biswajit Kumar Patra
Advocate.
Versus
STATE ..... Respondent
Represented by: Mr. Ravi Nayak, Additional
Public Prosecutor for the
State with SI Kuldeep Singh,
PS Keshav Puram.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl. M. (BAIL) No.7135/2015
1. Vide the present application, the applicant/appellant seeks
directions to suspend the sentence awarded vide order dated 28.08.2014
in case bearing FIR No. 176/2010 registered at Police Station Keshav
Puram for the offence punishable under Section 392/394/34 read with
Section 397 IPC.
2. Learned counsel appearing on behalf of the applicant submits that
though applicant has been convicted and sentenced by the learned Trial
Court, however, he was falsely implicated in this case.
3. Briefly stated, article involved in the present case is a silver ring
with stone, Ex.P-1. PW1/complainant has deposed before the Trial Court
that he purchased the ring Ex.P-1 about three years before the incident,
which valued around Rs.5,100/-. This ring was brought by his father from
Haridwar. His father never gave address of that shop to the police. He
denied the suggestion that he was not having the said ring with him at the
time of the incident. He also denied the suggestion that ring Ex.P-1 does
not belong to him. He admitted that the ring was of his size, earlier he
was thin and now he has put on weight.
4. These questions were put to the complainant by the defence counsel
for the reason, size of the ring was very small, which was not fitted to the
complainant's finger, however, the complainant denied the same.
Moreover, neither the seizure memo nor pointing out memo or disclosure
memo bear the signatures of the complainant.
5. PW7, Constable Lokesh Kumar, recovery witness of the said ring,
deposed that the applicant was arrested from the park in front of Dhyan
Chand Stadium. Arrest memo, personal search memo and disclosure
statement of the applicant were made at the spot. The disclosure
statement was signed by the applicant but he denied the suggestion that he
never joined the investigation or that his disclosure statement was not
recorded at the spot or that he was not apprehended at the spot. He further
deposed that only one or two persons were found sitting at a distance from
the Park and they were not asked to join the investigation, no notice was
served upon them by the Investigating Officer. They left the Park at about
3.00 pm and reached Rani Jhansi Park at about 3.20 pm, which is about
one kilometre away. From Rani Jhansi Park, they went to the house of the
applicant and reached there at about 4.00 pm.
6. He subsequently deposed that ring was not tried on the finger of the
complainant to ascertain whether the same fitted to his finger. However,
denied the suggestion that it was tried on the finger of the complainant for
the reason it did not belong to him.
7. In view of the above noted facts, without commenting upon the
merits of the case, I hereby suspend the sentence of the applicant till
disposal of the present appeal.
8. Accordingly, it is directed that the applicant/appellant shall be
released on bail on his furnishing a personal bond in the sum of
Rs.20,000/- with one surety in the like amount to the satisfaction of the
Trial Court. Needless to state that in case of change of address of the
applicant, details of the same shall be furnished to the Jail Authorities as
well as the SHO concerned.
9. In view of the above, the application is allowed.
10. A copy of this order be given dasti to the learned counsel for the
parties.
SURESH KAIT
(JUDGE)
AUGUST 05, 2015
sb
