Siya Ram vs Union Of India And Others

In this appeal filed under Section 15(3) of the Armed Forces Tribunal Act, 2007 read with Section 389 of the Code of Criminal Procedure, the

appellant seeks suspension of sentence awarded to him by the DCM vide sentencing order dated 8th June, 2020 and the confirmation order dated 8th

August, 2020 issued by the GOC, Delhi Area.

Earlier prior to promulgation of the sentence, appellant had filed an application for bail which was registered as OA (A) No.613/2020 and vide

orders passed on 18th June, 2020 and thereafter modified on 6th July, 2020, taking note of the fact that the appellant had been sentenced to undergo

only one year's imprisonment, out of which he had undergone half of the sentence of about six months, bail was granted to him with liberty to seek

further bail after confirmation of the sentence.

Now, after the confirmation of the sentence by the GOC, Delhi Area this appeal has been filed. Considering the fact that the conviction is only for a

period of one year and the appellant had already undergone half of the sentence and after taking note of the fact that early hearing of the appeal filed

against conviction will not be possible in the near future and also considering various other aspects which have arisen in view of the spread of

pandemic of corona virus and the prevailing situation, this appeal is allowed and the appellant is directed to be released on regular bail on the following

conditions:

(i) That the appellant shall furnish a bail bond in the sum of Rs.20,000/- (Rupees twenty thousand) with one surety in the like amount to the satisfaction

of the Principal Registrar/Registrar of this Bench.

(ii) That the appellant shall not approach anyone who had testified against him.

(iii) That the appellant shall not commit any further offence.

(iv) That the appellant_shall surrender his passport, if any, to the Principal Registrar/Registrar of this Bench.

(v) That the appellant shall not visit any place other than Delhi and his native place to which he belongs without the permission of the Tribunal.

As far as furnishing of bail bond of Rs.20,000/- (Rupees twenty thousand) with one surety is concerned, we are informed that in execution of the

earlier order of bail granted on 18th June, 2020 in OA (A) No. 613/2020 and modified on Oh July, 2020 the bail bond of Rs.20,000/-(Rupees twenty

thousand) already furnished by the appellant is still in existence and has not been revoked or withdrawn. If such a bail bond is still continuing having

not been revoked or withdrawn, the appellant need not furnish fresh bail bond/surety and the bail bond/surety already furnished shall continue to be in

operation.

The appeal stands disposed of.

A copy of this order be provided DASTI to learned counsel for the parties.