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Dr. Meenakshi vs State

Delhi High Court · Decided on 1 December 2022 · Citation: (2022) 12 DEL CK 0010

HON’BLE JUDGES
Dinesh Kumar Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 120B, 307 · Code Of Criminal Procedure, 1973 — Section 389, 482 · Arms Act, 1959 — Section 25, 27
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 1464 Of 2019
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Judgment

13 paragraphs · 343 words

Dinesh Kumar Sharma, J

CRL.M.(BAIL) 2245/2019 (suspension of sentence)

1.

The present application has been filed under Section 389 Cr. PC with Section 482 Cr. PC on behalf of the appellant seeking suspension of sentence in FIR No. 184/2011 under Sections 307/120B/34 IPC and under Sections 25/27 of Arms Act, 1959.

2.

Learned counsel for the appellant submits that the sentence of the co-convict Pawan Kumar has already been suspended by this Court in CRL. A. 349/2020 vide order dated 10th August, 2020. It has also been submitted that the sentence of co-accused Dr. Vinod Kumar has also been suspended by the co-ordinate Bench of this Court vide order dated 16th June, 2020 in CRL. A. 22/2020. The sentence of the appellant has already been suspended by the learned Trial Court under Section 389 Cr. PC.

3.

Taking into account the totality of facts and circumstances and the fact that the hearing of the appeal may take some time, the sentence of the appellant is suspended subject to furnishing of personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent/Duty MM, subject to the following conditions:-

(i)  The appellant shall remain available on his mobile number i.e. 8766378589, which he undertakes to keep operational during the pendency of the present appeal.

(ii) The appellant shall further remain in touch telephonically with SI Gautam Sagar/Duty officer, P.S. K.N. Katju Marg, Delhi on mobile number: 9810446047 as well as IO/SHO, P.S. Vijay nagar, Ghaziabad on the first Monday of every month.

(iii) In the event of change of his residential address/ contact details, the appellant shall promptly inform the same to the I.O./SHO, P.S. K.N. Katju Marg, Delhi as well as IO/SHO, P.S. P.S. Vijay Nagar, Ghaziabad.

(iv) The appellant shall remain present in the Court as and when appeal is taken up for hearing.

4.

The present application is disposed of accordingly.

CRL.A. 1464/2019

Admitted.

List this appeal in due course in the category of 'Regulars’ as per the year of its seniority.