Karimuddin @ Chote vs State of NCT of Delhi

Ms. Pratibha Rani, J.—Crl.M.B. No. 8320 of 2015 in Crl.A. No. 1323 of 2015 Crl.M.B. No. 8345 of 2015 in Crl.A. No. 1335 of 2015

By filing these two applications, the applicants/appellants namely Karimuddin @ Chote (in Crl.A. No.1323/2015) and Aftab Ahmad (in Crl.A. No.1335/2015) are praying for suspension of sentence and grant of bail to them during the pendency of the appeals.

I have heard learned counsel for the appellants as well as learned APP for the State and carefully gone through the record.

Mr. Sumeet Verma, Advocate for the appellant Karimuddin @ Chote has placed on record the copy of the order 10.12.2008 passed in Crl.A. Nos.462/2008 and 485/2008 whereby a Division Bench of this Court granted bail to the accused persons who have been convicted and sentenced for committing the offence punishable under Section 489-C IPC.

On behalf of the appellants, it has been submitted that the applicants/appellants before this Court are similarly placed as they have also been convicted for committing the offences punishable under Section 489-C IPC and sentenced to undergo RI for five years with fine of Rs.5000/- and in default of payment of fine, to undergo RI for six months. Learned counsel for the appellants has further submitted that the applicants/appellants are not habitual offenders and during the period of trial, they remained on bail and never misused their liberty. Learned counsel for the appellants have prayed for suspension of sentence and grant of bail to the appellants during the pendency of the appeal submitting that there is no special circumstance for refusing the bail to the appellants.

Learned APP for the State has not been able to place on record any material to controvert the above contentions made on behalf of the appellants to the effect that the appellants are habitual offenders or likely to commit such type of offence again.

Considering the submissions made on behalf of the parties, the substantive sentences awarded to the appellants stand suspended till the disposal of the appeal and they are ordered to be released on bail upon their executing personal bond in the sum of Rs.50,000/- each with one surety each in the like amount to the satisfaction of the Court concerned, subject to following conditions :

(i) The appellants shall not leave the country without the permission of the Court.

(ii) The petitioner shall intimate about the change of their address, if any, to the local SHO as well to this Court.

The applications stand disposed of.

The appellants/applicants be informed through the concerned Jail Superintendent about the orders passed.

As prayed, copy of the order be given dasti to learned counsel for the parties.