Monu @ Seth v. State of NCT of Delhi

1. This is an application filed by the appellant/applicant under Section 389 Cr.P.C. for suspension of sentence till the disposal of the appeal.

2. The appellant/applicant was convicted vide judgment dated 18.01.2021 and order on sentence was passed on 19.01.2021 by the learned Sessions Court in case FIR No. 111/2019 and the punishment awarded to the present appellant/applicant is to undergo RI for 5 years with fine of Rs.10,000/- for the offence punishable under Section 393/34 IPC and in case of default of payment in fine, further SI for 15 days, RI for 5 years with fine of Rs. 10,000/- for the offence punishable under Section 394/34 IPC and in case of default of fine further SI for 15 days. Both the sentences were to run concurrently. The fine has not been paid.

3. Notice of this application was issued. The status report has been filed. 2022:DHC:4260 Nominal roll has been called.

4. I have heard both the sides.

5. The appeal in this case was admitted on 07.10.2021. Till 20.07.2022, the appellant/applicant has undergone 2 years 7 months and 14 days of incarceration and he has also earned remission of 6 months. The unexpired portion of sentence as on date is 1 year 10 months and 16 days.

6. The learned APP for State has opposed the grant of suspension of sentence on the ground that the applicant was released on interim bail on 25.06.2020 for 45 days, which was further extended due to Covid-19. However, he was re-admitted to jail on 19.11.2020 and during this period he was involved in two more cases, one being FIR No. 261/2020 under Section 392/34 IPC, registered as PS Defence Colony and other being FIR NO. 335/2020 under Section 420/34 IPC, registered at PS R.K. Puram.

7. Keeping in view the fact that during the interim bail period the present petitioner had indulged in criminal activities and two more criminal cases have been registered against him and apart from these two cases there are many other cases pending trial. The appellant/applicant is stated to be involved in 38 criminal cases, out of which 31 stands disposed of.

8. The possibility of the petitioner further indulging in criminal activities after suspension of sentence cannot be ruled out and I am not inclined to suspend the sentence at this stage.

9. The application is dismissed. CRL.A. 291/2021

10. However, keeping in view the facts and circumstances of the case and the fact that the application for suspension of sentence has been dismissed, I am inclined to expedite the hearing of the appeal.

11. List this appeal for hearing on 05.01.2023.

12. Both the sides are directed to file their brief written synopsis not exceeding two pages, after exchanging copies with other, at least, one week prior to the next date of hearing.