Munshi Ram v. The State (NCT of Delhi)

1. This is an application for suspension of sentence and release of the appellant on bail during the pendency of the appeal. It has been submitted by learned counsel on behalf of the appellant that he has filed the accompanying appeal against the judgement of conviction dated 22.12.2020 and order on sentence dated 24.12.2020 passed by the Sh. Jagdish Kumar, learned ASJ, Special Fast Track court, North District, Rohini Courts, New Delhi in case SC No 721/2017 pertaining to FIR No 417/2017 of P.S. Jahangir Puri, U/s 376/354/506 IPC, whereby the appellant has been convicted for offence punishable U/s 376 IPC and sentenced to undergo RI for Ten (10) Years and fine of Rs. 10,000/- I/D SI for one (01) Year and convicted for offence punishable U/s 354 IPC and sentenced to undergo RI for Five (05) Years and fine of Rs. 5,000/- I/D SI for Six (06) Months and convicted for offence punishable U/s 506 IPC and sentenced to undergo RI for one (01) Years and fine of Rs. 2,500/- I/D SI for Three (03) Months.

2. The appeal stands admitted vide order dated 04.03.2021. 2022:DHC:1817

3. The suspension of sentence has been prayed on medical ground, advanced age of the appellant as well as his family circumstances.

4. This Court has called for the medical report of the present appellant, which has been submitted by the Medical Officer In-charge of the Jail vide his communication dated 19.03.2022. The same is reproduced here under: “With reference to subject cited above, as per records inmate patient lodged at Central Jail No. 8/9 since 11.09.2017. As per available medical records inmate patient is a follow up case of old CVA with right Hemiparesis with loss of vision Lt. eye and decrease of vision m Rt. Eye CAD, COPD, Hypertension, decrease hearing. Psychiatric illness (decrease sleep) and lower backache. For his condition of CVA, Hypertension, COPD and CAD inmate patient has been regularly reviewed by jail visiting SR Medicine, jail duty Doctors and has been reviewed from department of medicine DDU Hospital, on emergency basis in view of multiple episodes of vomiting, Ghabrahat, and weakness in left upper limb. He was reviewed and after giving appropriate treatment he was advised medications and discharged in stable condition. He was also referred to DDU Hospital on 11.02.2022 on emergency basis in view of shortness of breath, chest heaviness and decreased oxygen saturation. He was reviewed in department of Medicine and was nebulized and once stable was discharged with appropriate medications. He was last reviewed by jail visiting SR Medicine on 15.03.2022 for his condition of COPD, Hypertension, CVA and after examination advised to continue medications as earlier. He was reviewed by jail visiting SR ENT on 24.01.2022 for his complaints of decrease hearing left side, and advised medications and to plan for PTR. Inmate patient was reviewed by jail visiting SR Ophthalmology on 02.02.2022 for complaints of watering of B/L eyes; he was examined and advised spectacles. Inmate patient has been regularly reviewed by SR Psychiatry for his complaints of decrease sleep and anxiety and was last reviewed on 04.02.2022 and after review advised appropriate medications. He was also last reviewed by jail visiting SR Orthopedics on 05.02.2022 for complaints of lower backache and pain B/L upper limb. He was examined and advised medications and lumbar support belt. On 17.03.2022 inmate patient was referred to GB Pant Hospital Cardiology Department as case of COPD, Hypertension and CVA, he was examined and advised Medications and referred to Department of endocrinology and Neurology with advised of blood investigations. At present, inmate patient is suffering from Neurological (CVA), Medical (Hypertension, COPD) and Psychiatric illnesses. All prescribed medications are being provided to him from Jail Dispensary itself.”

5. The nominal roll of the present appellant was also called, which shows that till 03.05.2022, the appellant has already undergone 4 years 7 months and 23 days of sentence out of 10 years RI, which was awarded to him under Section 376 IPC. Other sentence under Section 354 IPC being 5 years RI and under Section 506, 1 years RI were to run concurrently.

6. Keeping in view the medical condition and advanced age of the present appellant, I am inclined to release him on interim bail on medical grounds for a period of three months from the date of release on execution of personal bond of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the concerned Jail Superintendent and subject to the condition that he shall not, either directly, or through someone else, contact the victim and he shall not leave the country without permission from this Court. He shall surrender before Jail Superintendent at the end of three months of the interim bail period.

7. A report by the Jail Superintendent be submitted regarding his surrender after the expiry of three months.

8. The application for regular suspension of sentence be now listed on 05.08.2022.