Akil v. State (NCT of Delhi)

1. The appellant has moved the present application for suspension of sentence and releasing him on bail during the pendency of the appeal in case FIR No. 205/2017, registered at PS Chandni Mahal under Sections 489A/489B/489C/489D/34 IPC. The appellant was convicted vide judgment dated 09.02.2022 followed by order on sentence dated 24.02.2022. The sentence awarded to the appellant under Section 489B IPC is RI for 7 years and fine of Rs. 5,000/- and in default SI for 1 month and under Section 489C RI for 5 years and fine of Rs. 3,000/- and in default SI for 15 days.

1.1. The fine was not deposited. Both the sentences were ordered to be run concurrently. The contention of the appellant is that he has already completed half of the sentence; he has a family comprising of his four daughters and one son to support, he belongs to a poor strata of society, the appellant is stated to be aged 57 years and he has maintained good conduct during judicial custody and since the hearing of the appeal would take some time, the sentence of the appellant may be suspended and he may be released on bail.

2. Notice was issued. Status Report was filed. Nominal roll was called. 2.[1] As per the Status Report, the present applicant is involved in 87 cases during the period starting from 1980 till the year 2017, when he was arrested in the present case. He is stated to be in judicial custody in 9 other matters and in the remaining cases, either he is convicted, acquitted or matters were compromised or they are pending trail or the applicant was discharged. The State has opposed the suspension of sentence and grant of bail to the present applicant on the ground of his previous history and it has been specifically submitted by learned APP that the possibility of applicant again indulging in criminal activities cannot be ruled out.

3. I have heard learned counsel who appeared from Delhi High Court Legal Services Committee on behalf of the applicant as well as learned APP. 3.[1] The nominal roll shows that out of RI for 7 years awarded to the applicant, the unexpired portion of sentence as on 01.07.2022 is 2 years, 3 months and 7 days and the conduct of the applicant during his custody is satisfactory. Although in normal circumstances, the applicant is entitled to suspension of sentence and grant on bail where he has completed 50% of the sentence, but keeping in view the fact that the applicant has been involved in total 87 cases during the period from 1980 to 2017 and the possibility of him again indulging in criminal activities cannot be ruled out, I am not inclined to suspend the sentence of applicant and grant him bail.

4. The application is accordingly dismissed. CRL.A. 117/2022

5. Since the application for suspension of sentence has been dismissed, I deem it proper to expedite the hearing of the appeal.

6. List for arguments on 15.03.2023.

7. In the meantime, if the State wishes to file a brief response, it may be done.

8. Both the parties may file brief written synopsis of not more than 2 pages each along with relevant judgments at least a week before the next date of hearing.