AJUDHIA PRASAD Vs. STATE

JUDGEMENT

(1.) This order will dispose of criminal miscellaneous applications under Section 389(1) of the Criminal Procedure Code (hereinafter referred to as 'the Code') praying for suspension of sentences and grant of bail to the appellants/ convicts in a group of 22 criminal appeals where the appellants/convicts have been convicted for the offence under Section 147 Indian Penal Code . and sentenced to suffer two years R.I. for rioting; a sentence of six months for violation of curfew order resulting into danger to human life and safety to human life and resulting into riots and also conviction under Section 436 I.P.C. and sentenced to suffer R.I. for a period of five years and a fine of Rs.5,000.00 in default R.I. for a further period of three months for destroying houses, dwelling places and all the sentences to run concurrently by the judgment dated 27th August 1996 passed by the learned Additional Sessions Judge, Delhi.

(2.) The incidents giving rise to these appeals relate to the incidents of rioting on 2nd November 1984 following the assassination of late Smt.Indira Gandhi in Trilok Puri and surrounding areas in the city of Delhi.

(3.) Out of 107 persons apprehended, charges against 93 accused persons were framed under Sections 188, 148, 436 read with Section 149 Indian Penal Code . on 4th December 1995 by the trial court.