Vishnu Kumar v. State

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. A. 103/2017 VISHNU KUMAR ..... Appellant Through:

Mr Ashutosh Kaushik, Advocate.

versus STATE ..... Respondent Through:

Ms Kusum Dhalla, APP for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.06.2020 [Hearing held through videoconferencing] CRL.M.A. 7428/2020 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.A. 7492/2020 3.

The appellant has filed the present application seeking rectification of the order dated 04.03.2020 inasmuch as the said order indicates that the petition was dismissed as withdrawn.

4.

The learned counsel appearing for the appellant points out that he had only withdrawn the application seeking interim suspension of sentence. 5.

There is no dispute that the appellant had not withdrawn the abovecaptioned appeal. Accordingly, the order dated 04.03.2020 is rectified to read as under:

"1.

The learned counsel appearing for the appellant seeks to withdraw the present application [CRL.M. (BAIL) 1936/2019]. 2.

The application is dismissed as withdrawn."

CRL.M. (BAIL) 7364/2020 6.

The appellant has filed the present application seeking suspension of sentence on interim basis for a period of eight weeks. 7.

This Court is not persuaded to accede to the aforesaid prayer as the nominal roll indicates that the petitioner was released on interim bail with effect from 09.02.2018 for a period of two months. During the said period, he was involved in another FIR - FIR No. 6/2018 under Section 08/18 of the NDPS Act registered with Police Station Mandsor, Madhya Pradesh. 8.

However, since the appellant has undergone half of the sentence, liberty is granted to the appellant to apply for early hearing of the main appeal after three months from date.

9.

The application is disposed of with the aforesaid observations. VIBHU BAKHRU, J JUNE 11, 2020 RK