HARISH KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) BY this application under Section 389 Cr.P.C. read with Section 482 Cr.P.C., the appellant has prayed for suspension of sentence and suspension of conviction order. The appellant was convicted by the Court of Shri V.K.Goyal, Additional Sessions Judge under Section 304 part I IPC and Section 307 read with Section 34 IPC and sentenced to undergo 10 years and 7 years RI under both the Sections respectively. The appellant contends that he has undergone half of the sentence and co-accused has already been granted suspension of sentence. The appellant was employed as a constable with Delhi Police and as a result of his conviction he has been dismissed from the service vide order dated 4.1.2007. He was residing in government quarter A-15, Police Quarter, Pahar Ganj, New Delhi which was alloted to him during service and he has been directed to vacate the residential accommodation. He submitted that he was having wife and two children and his wife is a house-wife and his sentence and conviction should be suspended so that he can bring up his family and make some arrangement of accommodation.

(2.) A perusal of Nominal Roll of the appellant would show that the appellant had undergone about 05 years 02 months sentence including remission period and he is still to undergo 04 years and 10 months imprisonment. He is facing trial in two more cases; one in FIR No. 279/01 under Section 323/341/354 IPC at PS Pahar Ganj and other CC No. 133/07 under Section 325/343/337 IPC at PS Krishna Nagar. Considering the pendency of these cases and the fact that the cases are also of the nature of trespassing and causing grievous hurt, I consider it would not be appropriate to suspend the sentence of the appellant. However, the appellant is granted interim suspension of sentence for a period of four weeks, so as to make arrangement for accommodation for his family, on executing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent. The appellant will surrender to the jail authorities on the 28th day of his release. The application stands disposed of.