Vicky @ Chinese v. State
$~4 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 1173/2017 VICKY @ CHINESE ..... Appellant Through:
Mr Naomi Chandra, Advocate.
versus STATE ..... Respondent Through:
Mr Tarang Srivastava, APP for State with SI Virender Kumar, PS K.N.
Katju Marg.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 07.11.2019 CRL.M.(BAIL) Nos. 2254/2017 & 1255/2019 in CRL.A. 1173/2017 1.
The appellant has filed the present applications seeking suspension of the sentence awarded to him till final disposal of the appeal. 2.
The appellant was convicted of an offence under Section 395 of the IPC and was sentenced to serve seven years of rigorous imprisonment and a fine of ₹3,000/-. In default of payment of the aforesaid fine, he shall undergo simple imprisonment for a period of three months. 3.
The appellant has already served actual custody for a period of five years, three months and seven days as on 28.06.2019. In addition, he had also earned remission of seven months and eleven days. The nominal roll indicates that as on 28.06.2019, an appellant was required to serve a further period of one year, one month and twelve days. 4.
In view of the above, the appellant is only required to serve a further period of approximately nine months. It is unlikely that the appeal in the
present case would be heard shortly.
5.
In view of the above, the sentence awarded to the appellant is suspended till disposal of the appeal. The appellant shall be released on bail on his furnishing a personal bond in the sum of ₹10,000/- with two sureties of the equivalent amount to the satisfaction of the concerned Jail Superintendent. This is also subject to the authorities verifying the appellant's address. The appellant shall not leave the National Capital Territory of Delhi.
6.
The appellant shall report to the concerned SHO, Police Station K.N. Katju Marg on every second and fourth Monday of a calendar month at 10:30 A.M.
7.
The applications are allowed in the aforesaid terms. VIBHU BAKHRU, J NOVEMBER 07, 2019 RK