Amritpal @ Mannu vs State
2022 Latest Caselaw 3319 Del

                                                 Neutral Citation Number is 2022/DHC/005741


                         $~12
                         *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +      CRL.A. 174/2019

                                AMRITPAL @ MANNU                                               ..... Appellant

                                                       Through:       Mr. S. S. Ahluwalia, Mr. Mudit
                                                                      Bangwal, Mr. Sachin Saini and Mr.
                                                                      Tejasvi Goel, Advs.

                                                       versus

                                STATE                                                         ..... Respondent

                                                       Through:       Mr, Amit Sahni, APP for the State
                                                                      with IO

                         %                        Date of Decision: 9th December.2022
                         CORAM:
                         HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                           JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.(BAIL) 497/2022 (suspension of sentence)

1. The present application has been filed under Section 389 Cr. PC on behalf of the appellant seeking suspension of sentence in FIR No. 511/2017 lodged at PS Nihal Vihar under Sections 376/IPC 5/6 POCSO Act.

2. Earlier, application for suspension of sentence bearing CRL. M. (Bail) 306/2019 in which notice was dismissed by this Court vide order dated 15th February, 2019.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Neutral Citation Number is 2022/DHC/005741

3. Learned counsel for the petitioner submits that as per the last nominal roll, the appellant has already undergone custody of 7 years and 8 months and three days. The unexpired portion of sentence is only 1 years and four months. The nominal roll was filed on 10th May, 2022. Practically, now there is around 9 months of unexpired portion of the left sentence. The appeal still may take some time for consideration.

4. Taking into account the totality of facts and circumstances and the fact that the hearing of the appeal may take some time, the sentence of the appellant is suspended subject to furnishing of personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned Trial Court, subject to the following conditions:-

(i) The appellant shall remain available on mobile number i.e. 9717571188, which he undertakes to keep operational during the pendency of the present appeal.

(ii) The appellant shall further remain in touch telephonically with SI Ramesh /Duty officer, P.S. Nihal Vihar, Delhi on mobile number i.e. 8700041995 on the first Monday of every month.

(iii) In the event of change of his residential address/ contact details, the appellant shall promptly inform the same to the I.O./SHO, P.S. Nihal Vihar, Delhi.

(iv) The appellant shall remain present in the Court as and when appeal is taken up for hearing.

5. The present application is disposed of accordingly.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Neutral Citation Number is 2022/DHC/005741

CRL.A. 174/2019

List this appeal in due course in the category of 'Regulars' as per the year of its seniority.

DINESH KUMAR SHARMA, J DECEMBER 9, 2022 Pallavi

Signature Not Verified Digitally Signed By:PALLAVI VERMA