Delhi High Court
Rohtash & Ors. vs Registrar General, High Court Of ... on 16 August, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on :01.08.2023
Pronounced on :16.08.2023
+ CRL.REV.P. 605/2023
ROHTASH & ORS. ..... Petitioners
Through: Mr. Nagendra Kasana and Mr.
Rajesh Rathod, Advocates.
versus
REGISTRAR GENERAL, HIGH COURT OF DELHI
..... Respondent
Through: Mr. Kanhaiya Singhal, Spl.PP.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
JUDGMENT
RAJNISH BHATNAGAR
CRL.REV.P. 605/2023
1. Admit.
2. List the present revision petition in due course in the category of
'Regulars' as per the year of its seniority.
3. Trial court record be requisitioned in the digitalized form.
CRL.M.(BAIL) 749/2023
4. The present application has been filed by the revisionists under
Section 397 (1) read with Section 482 Cr.P.C. for suspension of
sentence during the pendency of the present revision petition.
Signature Not Verified
Digitally Signed
Signing Date:16.08.2023
17:18:17
5. By way of the present revision petition, the revisionists have
challenged the impugned judgment dated 07.08.2019 whereby the
revisionists were convicted under Section 193 IPC and vide order on
sentence dated 28.08.2019, they were sentenced to undergo rigorous
imprisonment of two years each along with fine of Rs.10,000/- each
and in default of payment of fine they were directed to undergo simple
imprisonment for one month each.
6. Heard.
7. Records perused.
8. It was submitted by learned counsel for the revisionists that the
maximum punishment awarded to the revisionists is two years
rigorous imprisonment each and out of the sentence awarded, the
revisionists have already served approximately 2 ½ months of rigorous
imprisonment. It was further submitted that the present revisionists
have clean past antecedents. It was further submitted by him that
revisionists are senior citizens and also suffering from old age
ailments. It was further submitted by learned counsel that disposal of
the present petition may take considerable time, therefore, it was
prayed that the sentence of the revisionists be suspended till the
disposal of the present petition.
9. On the other hand, it was submitted by learned SPP while
opposing the present suspension of sentence application that
allegations against the revisionists are serious in nature for providing
false evidence in the court of law. It was further submitted by him that
the revisionists have the veracity to produce false and fabricated
Signature Not Verified
Digitally Signed
Signing Date:16.08.2023
17:18:17
evidence to the court of law, this shows that the revisionists don't have
any respect for the court of law.
10. The Hon'ble Supreme Court in Santokh Singh v. Izhar
Hussain and Anr. (1973) 2 SCC 406 has observed that every
incorrect and false statement does not make it incumbent on the court
to order prosecution. The court has to exercise judicial discretion in
light of all the relevant circumstances when it determines the question
of expediency. The court orders prosecution in the larger interest of
the administration of justice and not to gratify the feeling of personal
revenge or vindictiveness or to serve the ends of a private party. It is
only in glaring cases of deliberate falsehood where conviction is
highly that the court should direct prosecution.
11. I have perused the nominal roll dated 23.07.2023. A perusal of
the same shows that revisionists have undergone more than 2 ½
months out of total sentence of two years awarded to them. It further
reveals that the jail conduct of the revisionists is satisfactory.
12. Keeping in view the facts and circumstances; the nature of
allegations against the revisionists which in my opinion can be looked
through a lenient perspective and since the hearing of the revision
petition is likely to take some time, the present application is allowed
and the sentence of the revisionists awarded vide impugned order on
sentence dated 28.08.2019 is suspended till the disposal of the present
revision petition and the revisionists are admitted to bail on their
furnishing personal bond in the sum of Rs.25,000/- each with one
surety each of the like amount to the satisfaction of the concerned jail
superintendent, subject to the conditions that they shall not indulge in
Signature Not Verified
Digitally Signed
Signing Date:16.08.2023
17:18:17
any illegal/criminal activities and they shall not leave this country
without prior permission of this Court.
13. The revisionists shall remain present in Court at the time of
hearing of the present revision petition.
14. The application is disposed of accordingly.
RAJNISH BHATNAGAR, J
AUGUST 16, 2023/p
Signature Not Verified
Digitally Signed
Signing Date:16.08.2023
17:18:17
