MADAN LAL Vs. STATE

JUDGEMENT

(1.) The present appeal was filed by appellants namely Madan Lal and Mohinder assailing the judgment and order on sentence dated 13.4.2009 and 14.1.2010 passed by learned ASJ, Delhi whereby the appellants were convicted and sentenced to undergo RI for 10 years with fine of Rs. 10,000/- each under Section 376(g) IPC in case FIR No.557/2006 registered at Police Station Dwarka, New Delhi. They are in custody since 29.6.2006.

(2.) The instant application under Section 389 Cr.PC read with Section 482 Cr.PC is preferred by the appellants/ applicants 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 appellants are in jail for more than five years and want 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 appellants. 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 appellants 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 :