Ritesh Kakkar @ Sonu v. The State

1. This is an application for grant of interim suspension of sentence and to release the convict on bail for a period of two months. It has been submitted by the appellant/applicant that he was convicted by the learned ASJ in case FIR No. 328/2014 under Section 6 of the POCSO Act and was sentenced to undergo RI for a period of 12 years and to pay a fine of Rs. 10,000/-. The appeal preferred by him is pending before this Court. 1.[1] This application has been moved for suspension of sentence for two months for arranging new accommodation of his family and for taking care 2022:DHC:1919 of his 8 months old daughter and his wife. The family is stated to be consisting of his old ailing mother, his wife and his 8 months old daughter. The family is stated to be living at Baljeet Nagar, New Delhi-110008 and the rent agreement of the said rental accommodation is already over and the landlord is not willing to renew the same. 1.[2] It is further submitted that there is no male member in the family to arrange for new accommodation. The father of the appellant/applicant had expired in 2008. The income of the appellant/applicant for Jail work is not sufficient for the daily needs of his family. He has to arrange for a new accommodation for his family. 1.[3] The appellant/applicant has stated that he has already completed three years and three months of his sentence, excluding remission and he has a clean record in Jail. The appellant/applicant was earlier granted interim suspension of sentence at the time of the birth of his child for a period of one month. The routine vaccinations of the child, who is now eight months old, are also due. 1.[4] The appellant/applicant deserves an opportunity to reintegrate himself into society. The appellant/applicant has remained on bail during most of the period of his trial and he has not misused the said liberty and he shall abide by all the terms and conditions which this Court may put while granting him interim bail.

2. Notice was issued. Status report as well as nominal roll were called.

3. In the status report, it has been mentioned that the appellant/applicant was ordered to undergo a sentence of RI of 12 years vide order dated 26.10.2020 under Section 6 of the POCSO Act. It has been confirmed that the family of the appellant/applicant comprises of his wife, an 8 months old daughter and an old widow mother. The parents of his wife are living nearby and there are two brothers and two sisters of the wife of the appellant/applicant. 3.[1] As per the landlord, he had given the premises on rent to the mother of the appellant/applicant on 01.05.2019. However, the mother of the appellant/applicant had left the rented accommodation about 7 months ago and since then, the wife of the appellant/applicant and his daughter are residing in the premises and they have not paid the rent for the last six months, so the landlord has asked them to vacate the premises. 3.[2] The wife of the appellant/applicant has stated that his mother-in-law had gone back to her native village and she is residing at the premises with her 8 months old daughter and she has been unable to pay the rent for the last six months. She works as a housemaid and she is not able to manage the amount for rent. Even in the the statement of the neighbours, same facts have been narrated. 3.[3] It has been further mentioned that the appellant/applicant had been involved in 5 other matters.

4. I have heard the arguments. 4.[1] It is not in dispute that the wife of the appellant/applicant has not paid the rent of the premises, where she is living, for the last six months because of paucity of funds and the landlord has already asked her to vacate the premises. 4.[2] The appellant/applicant has prayed for two months’ time to arrange for the alternative accommodation for his family and to take care of his 8 months old daughter, who needs vaccination shots. Moreover, the financial condition of the family is very poor as the wife of the appellant/applicant is working as a housemaid and she is unable to arrange funds to pay rent or to arrange an alternative accommodation. 4.[3] It is to be noted that during trial, for most of the time, the present appellant/applicant had remained on bail and at the time of the birth of his daughter, he was granted one month’s suspension of sentence. No instance of violating any conditions of bail has been brought to the notice of this Court.

5. Keeping these facts in view, I am inclined to grant one month’s suspension of sentence to the present applicant and I hereby order that the applicant/Ritesh Kakkar @ Sonu be released on bail on execution of personal bond of Rs. 25,000/- with a surety of the like amount, subject to the satisfaction of the Jail Superintendent. The appellant/applicant is released for one month from the date of his release on the following conditions: i) The appellant shall report to the local Police Station once in a week, on every Tuesday at 10:00 a.m. during the period of interim bail; ii) The appellant shall inform his changed address to the Investigating Officer concerned within 2 days; iii) The appellant shall give his Mobile Phone number to the SHO of concerned Police Station and keep the mobile phone operational at all times with location and; iv) The appellant shall surrender before the Superintendent Jail concerned on or before expiry of the one month from the date of his release.

6. The application stands disposed of in above terms.