MANOJ KUMAR Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) The appellant before this Court was granted interim suspension of sentence by an order dated 13.12.2011 subject to his furnishing a personal bond in the sum of Rs. 5,000/- with one surety of the like amount to the satisfaction of the concerned trial court. By way of the present application the appellant seeks a variation of the terms on which the suspension of sentence has been granted. It is submitted that on account of the extreme poverty of the appellant, he is unable to furnish surety. Learned counsel for the appellant states that the appellant is the only earning member of his family which consists of his parents, three younger brothers and two sisters. Only the appellant's elder sister Sarita is married while one younger sister is unmarried. The police has verified the submissions of the appellant and has submitted a verification report wherein it is stated that Aran, the appellant's brother aged approximately 17-18 years, is mentally weak and untraceable. The two other brothers of the appellant are minors.

(2.) So far as the economic condition of Shri Anandi Yadav, father of the appellant is concerned, he is stated to be living below the poverty line. The family could not produce any documents of the illness of his parents. Inspector Ravinder Sharma, SHO, PS Shakarpur in his report dated 11.12.2011 has further confirmed that the family of the appellant has been unable to make the jail visits on account of their extreme financial constraints.

(3.) We find that order dated 13.12.2011 has noted that the appellant has been in custody for a period of six years. The interim suspension of sentence was granted after considering the afore-noticed facts.