RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal was filed by appellant namely Rajesh Kumar assailing the judgment and order on sentence dated 3.12.2009 and 7.12.2009 passed by learned ASJ, Delhi whereby the appellant was convicted to undergo RI for 10 years under Section 304-B and to undergo RI for 3 years under Section 498A IPC and to pay a fine of Rs.5,000/-. The appellant is in JC for the last about six years.

(2.) The instant application under Section 389 Cr.PC read with Section 482 Cr.PC is preferred by the appellant/ applicant Rajesh Kumar for suspension of sentence and grant of interim bail. The main ground for suspension of sentence and grant of interim bail that has been pressed is that the appellant is in jail for about six years and wants to establish family and social ties. It has been argued that the grounds on which parole is granted to the convicts under the Guidelines of 2010, and one of which is re-establishing the family and social ties, would be applicable to the grant of interim bail to the appellant. Reliance was placed on the decision of Division Bench of this Court dated 19.12.2011 in Rajesh Kumar Vs. Govt. of NCT of Delhi [W.P.(C) 5128/2011].

(3.) I have heard learned counsel for the appellant as also learned APP on behalf of the State and perused the record. With regard to the consideration of Parole/ Furlough Guidelines of 2010 for the release of the convict on interim bail or suspension of sentence, the Division Bench of this Court in the aforesaid case held as under: