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High Court of DelhiCRL.A./1200/2018

Gulfam @ Shanu v. State

2020-04-29Hon'Ble Mr. Justice Rajnish Bhatnagar2 pages

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 1200/2018 & CRL.M.(BAIL) 5828/2020 & CRL.M.A. 5934/2020 GULFAM @ SHANU ..... Appellant Through:

Mr.

Mayank Mikhail Mukherjee, Advocate versus STATE ..... Respondent Through:

Mr.Hirein Sharma, APP for State

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 29.04.2020 The applications have been heard through video conferencing. CRL. M.A. 5934/2020 Allowed, subject to all just exceptions.

CRL.M.(BAIL) 5828/2020 The present application has been filed by the Appellant seeking suspension of sentence.

The appellant, by the order dated 22.05.2018 passed in Sessions Case No. 2130/2016, has been convicted under Section 395 of the Indian Penal Code and by the subsequent order dated 25.05.2018, has been sentenced to undergo Rigorous Imprisonment of 7 years and a fine of Rs.5,000/- and on default of payment of fine, to undergo further Rigorous Imprisonment for a period of six months.

The Appellant has already undergone imprisonment for a period of six years and two months. I am informed that the Appellant has not deposited the fine till date.

Having considering the period of sentence already undergone by the Appellant and also the position prevailing due to COVID-19 pandemic, I deem it appropriate to suspend the further sentence of the Appellant, subject to his furnishing a personal bond in the sum of Rs. 5,000/- to the satisfaction of the concerned Jail Superintendent. The Appellant is also directed not to leave the National Capital Territory of Delhi and make himself available whenever the present appeal is listed before this Court for hearing.

I am informed that there are other cases pending against the Appellant. It is made clear that the present order shall not come to the benefit of the Appellant in such other cases. The application is allowed in the above terms. CRL.A. 1200/2018 I am informed that the appeal was to be listed on 31st March, 2020, however, the same could not be taken up for hearing due to the lockdown imposed in view of the COVID-19 pandemic.

The appeal shall be listed for hearing on the adjourned date in accordance with the office order issued by the Delhi High Court. NAVIN CHAWLA, J APRIL 29, 2020/sd