Delhi High Court
Sanjay vs State Nct Of Delhi on 7 September, 2022
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order pronounced on 07.09.2022
+ CRL.A. 256/2021
SANJAY ..... Petitioner
Through: Mr. Sharad Malhotra, Advocate.
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. N.S. Bajwa, APP for State.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
Talwant Singh, J.:
Crl.M.(Bail) 1116/2021
1. This is an application for suspension of sentence and for releasing the
convict/appellant on bail during the pendency of the appeal. Notice was
issued. Nominal roll has been called from jail. Heard both the sides.
2. In brief, the case of the prosecution is that on 19.07.2015 at about
3:00 PM, the appellant wrongly confined the child victim aged about 13
years and sexually assaulted her by holding her hand and touching her on
her shoulder, back and neck. On the basis of the aforesaid allegations, the
FIR was registered. The charge-sheet was filed under Section 354 A IPC
and Section 8 of the POSCO Act; charge has been framed under Section 342
IPC and Section 8 of the POSCO Act, to which accused pleaded not guilty.
3. The State examined five witnesses including the victim, her mother
and police officials. Thereafter the accused was examined under Section
313 Cr.P.C. and vide order dated 29.09.2020, the applicant was held guilty
of commission of the offence under Section 342 IPC and Section 8 of
Signature Not Verified
Signing Date:12.09.2022
17:27:52
POSCO Act vide order dated 14.07.2021 he was ordered to undergo SI of 3
years with fine of Rs.5000/- under Section 8 of the POSCO Act and 9
months for the offence committed under Section 342 IPC. Both the
sentences were directed to run concurrently. In default of payment of fine,
appellant was further ordered to undergo SI for six months.
4. While deciding the compensation part, it was held that present
applicant has no capacity to pay the compensation, so the compensation of
Rs.5 lakhs was awarded to victim under Delhi Victim Compensation
Scheme, to be disbursed by the State Legal Services Authority.
5. The nominal roll shows that during trial the present applicant was on
bail throughout except for a short period of 5 days from 13.12.2015 to
17.12.2015 and he was again taken into custody on 14.07.2021, when the
judgment was pronounced and since then he is in custody. The nominal roll
further shows that as on 02.08.2022, the appellant has already undergone 10
months and 26 days, so as on date the appellant has already completed 1
year in jail. Apart from this, he has earned a remission of about 3 months;
so the remaining sentence is about 1 year and 9 months. The conduct of
applicant has been satisfactory in jail and he is working there as Safai
Sahayak. He was granted interim bail for two months from 01.03.2022 to
30.04.2022 to attend to his wife, who was in advance stage of pregnancy at
that time and he has surrendered on time. The present appeal is not likely to
be heard soon keeping in view the heavy pendency in the Court. The
petitioner has to look after his wife, two children and a widowed mother.
6. There has been no previous involvement of the present petitioner.
During the period of trial, when the petitioner was on bail, he did not
indulge in any other criminal activity. Appeal is not likely to be heard soon.
Signature Not Verified
Signing Date:12.09.2022
17:27:52
He has already undergone about one year of incarceration apart from earning
3 months remission.
7. Keeping in view the above facts and circumstances, I am inclined to
suspend the remaining sentence of the present appellant and admit him on
bail on execution of personal bond of Rs.10,000/- with surety of the like
amount to the satisfaction of the Jail Superintendent, subject to the following
conditions:-
(i) The appellant shall share his mobile number to the Jail Superintendent
as well as to the IO within one week of his release from the jail;
(ii) the appelalnt shall keep his mobile location on at all times;
(iii) the appellant shall not leave the country without the permission of this
Court;
(iv) the appelalnt shall not contact/visit/coerce or threaten the victim or
her family members at any point of time either directly or indirectly;
(v) he shall appear before this Court as and when his matter is listed for
hearing;
(vi) in case of change of address, the appellant shall intimate the same to
the Jail Superintendent, IO as well as to this Court within one month from
the said change.
8. The application is disposed of in above terms.
9. Copy of this order be sent to Jail Superintendent for information and
compliance.
CRL.A. 256/2021
10. List in due course.
TALWANT SINGH, J
SEPTEMBER 07, 2022/mr Click here to check corrigendum, if any
Signature Not Verified
Signing Date:12.09.2022
17:27:52
