Arvind Paswan @ Karan vs State

Crl. M. (Bail) 1711/2011

The applicant seeks suspension of sentence. He was convicted for having committed the offences punishable under Section-302, IPC.

Mr. Sumeet Verma, learned counsel urges that the testimonies of PW-2 and 3, the mother and the sister of the deceased would show that the death allegedly occurred in the afternoon, in any case, around or after 01:00 PM. According to the testimony of PW-2, the death probably occurred around 03:00 PM. However, postmortem report (Ex.PW-12/A) fixes the time of death as 18 hours prior to the commencement of the procedure i.e. around 08:00 PM on the day of the incident. It was urged that having regard to these circumstances, the appellant's involvement could not be said to have been proved.

Learned APP urges that the postmortem report cannot be treated as exact vis-a-vis the point of time. Learned APP urged that some latitude has to be given since the time mentioned in such reports is only an approximate. Learned counsel urged that having regard to the clear testimony of PW-1 who alleged that she saw the appellant last with the deceased should not be ignored.

We have considered the materials on record including the testimony of the witnesses and the Trial Court's records. The postmortem report fixes the time of death at around 08:00 PM. The other objective material in the form of DD No. 28A (Ex PW-6/A) states that the police received information around 08:15 PM Even if some latitude was to be given as regards the time of death, the categorical testimony of PW-3 is that she saw the appellant with the deceased at 01:00 PM when she had lunch, after returning from school.

Having regard to the above circumstances, we are of the opinion that appeal has some merits. Since the appeal cannot be heard in the near future, this is an appropriate case for granting the relief sought. The appellant's sentence is directed to be suspended subject to his complying with the following directions:--

(i) subject to his furnishing a Personal Bond in the sum of Rs. 20,000/-with one surety in the like amount to the satisfaction of the learned Trial Court;

(ii) subject to the condition that the Appellant shall report to the concerned Police Station once in every three months till the disposal of the Appeal i.e. he shall report to the Duty Officer Police Station Darya Ganj on every 1st of February, 1st of May, 1st of August and 1st of November.

(iii) It is clarified that the Appellant shall file an affidavit disclosing his current address and shall also keep the Court as also concerned Police Station notified about the change, if any, of his residential address.

The application is allowed in the above terms. A copy of this order be sent to the concerned Superintendent Jail.