Sudhir vs State (Govt. of NCT of Delhi)

Anil Kumar, J.

Crl. MB No. 1559/2010

This is an application by the Appellant/applicant seeking interim suspension of his sentence and to release him on bail for a period of two weeks from the date of his release to attend the marriage and other ceremonies of his sister''s marriage. The applicant has filed the wedding card along with his application for suspension of sentence. The applicant was convicted in SC No. 109 of 2008 titled State v. Manoj and Ors. arising out of FIR No. 262 of 2008 P.S Seemapuri u/s 302/34 of IPC by order dated 15th April, 2010 and sentenced to undergo life imprisonment and a fine of Rs. 2000 by order dated 19th April, 2010

The State has filed a status report stipulating that on enquiry, it has been revealed that Nirmala, D/o Sh. Indal Otwar, R/o E-103/106, Deepak Colony, Kalander Colony, Dilshad Garden, Delhi-95 is to be married with Sonu S/o Sh. Mast Ram, R/o Choti Kela, (behind Shiva Petrol Pump), Gali No. 1, Hapur Mor, Ghaziabad, U.P. on 17th November, 2010.

Status report also indicates that bride Nirmala is the real sister of the Appellant/applicant. The status report is based on the statement of the Appellant/applicant''s mother and neighbours who have all supported the fact about the marriage of the sister of the Appellant/applicant.

Consequently, since the sister of the Appellant/applicant is to be married with Sonu on 17th November, 2010 and there is no other fact disclosed in the status report which will disentitle him for suspension of his sentence in order to attend the marriage of his sister. In the circumstances the Appellant/applicant is entitled to attend the marriage of his sister and the ceremonies pertaining to the marriage.

For the foregoing reasons, the sentence of the Appellant/applicant is suspended for a period of two weeks from the date of his release and the Appellant/applicant be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court.

The Appellant/applicant shall surrender himself after expiry of his period of interim suspension of sentence to the concerned authorities. The application is disposed of with these directions.

A copy of the order be sent to the concerned Jail Superintendent for compliance forthwith. A copy of this order be also given to learned Counsel for the Appellant/applicant under the signature of the Court Master.