Sudesh Kumar Rana vs The State (Govt. of NCT of Delhi)

Anil Kumar, J.

Crl. MB No. 1269/2010

This is an application by the applicant seeking interim suspension of sentence for a period of two months for arranging the fees for colleges of his children and for performing ceremonies for his deceased father and brother who have died in September, 2010 and October, 2010.

The appellant/applicant was convicted u/s 120-B read with Sections 364 and 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for 14 years and a fine of Rs. 25,000/- and in default to undergo simple imprisonment for 2 years u/s 120-B of Indian Penal Code. The appellant/applicant has also been sentenced to undergo life imprisonment and a fine of Rs. 50,000/- u/s 302 of Indian Penal Code and undergo life imprisonment and a fine of Rs. 50,000/- u/s 364 of Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for 5 years. He has also been sentenced to undergo rigorous imprisonment of 7 years and a fine of Rs. 25,000/- and in default of payment of fine to further undergo rigorous imprisonment of 1 years u/s 201 of Indian Penal Code. The appellant/applicant has filed the above noted appeal against judgment dated 12th July, 2010 and order of sentence dated 15th July, 2010.

The appellant/applicant is stated to be a constable in Delhi Police and he is sole bread earner and his family consists of his wife, daughter Anjali Rana aged about 21 years and son Gaurav Rana aged about 17 years and another son, namely, Saurav Rana aged about 15 years.

The appellant/applicant has been dismissed from service and he is not receiving any emoluments on account of his service. According to the appellant/applicant, his son has got admission in HR Institute of Hotel Management at Ghaziabad and he is required to pay Rs. 83,550/- as his fee. The daughter of the appellant/applicant, Anjali Rana, is also studying Engineering/B.Tech IIIrd Year from D.J. College of Engineering and Technology, Modi Nagar, Ghaziabad (U.P.) and college fee is also to be paid for her. The appellant/applicant has filed a communication dated 7th September, 2010 to D.J. College of Engineering and Technology, Modi Nagar, Ghaziabad (U.P.) regarding his daughter Anjali Rana stipulating that fees of about Rs. 1,05,000/- is to be paid for his daughter. In the circumstances, the appellant/applicant has prayed that his sentence be suspended for a period of two months so that he could arrange finance for payment of fees of his son and daughter.

The appellant/applicant has also contended that his father has died on 4th September, 2010. The younger brother of the appellant/applicant is also stated to have died on 17th October, 2010 at his native village house, District Baghpat, U.P. and his Terahvi is fixed for 27th October, 2010. The applicant has stated that he has to perform various rites after the death of this father and brother.

The learned Additional Public Prosecutor, on instruction, has not refuted that son and daughter of the appellant/applicant are studying. It is also contended by the learned Additional Public Prosecutor that the brother of the appellant/applicant has since died.

In the foregoing circumstances, it is apparent that the applicant has to arrange for the funds for the fees of his children and there is no one in the family of the appellant/applicant to arrange finance for him after the death of his father and brother. Since the father and the brother of the appellant/applicant have also died, the ceremonies and rites have to be performed after their death. In the circumstances, it will be just and appropriate to suspend the sentence of the appellant/applicant for a period of two months and to release him on bail so that he could arrange the funds for the fees of his children and also attend the ceremonies and rites after the death of his father and brother.

For the foregoing reasons, the sentence of the appellant/applicant is suspended for a period of two months from the date of his release and the appellant/applicant be released on interim bail on his furnishing a personal bond in the sum of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the trial court. The appellant/applicant shall surrender after the expiry of the period of interim suspension of sentence.

A copy of this order be sent to the Superintendent Jail for compliance.