Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CNR No.DLCT01-010435-2023
CA No.187/2023
Suresh Yadav & Ors. Vs. State of Delhi
04/08/2023
Present: Appellant No.1, 2 and 3 are present with Sh. Bhanu
Vashishtha, Ld. Counsel for the appellants.
Sureties Sh. Rishab Batra, Sh. Mahender Yadav and
Sh. Shankar Yadav are present.
Sh. Parvesh Ranga, Ld. Addl. PP for the State/
respondent.
This Court is looking after the work of Bail Duty
Roster. Ahlmad is on leave today.
TCR is received. Order dated 03/08/2023 passed by the
Ld. Trial Court is perused.
An application for condonation of delay in filing the
present appeal already stated to be filed by the appellants. Copy of the
the aforesaid application supplied to the Addl. PP for the State/
respondent.
It is submitted by counsel for the appellants that in the
present case, the present appeal could not be filed within the statutory
period due to the reasons as mentioned in the aforesaid application for
condonation of delay and delay in filing the present appeal be
condoned.
It is submitted by Addl. PP for the State/ respondent that
he does not wish to file reply to the aforesaid application of the
appellants for condonation of delay in filing the present appeal and no
sufficient ground has been mentioned in the present application for
condonation of delay and present application be dismissed.
Arguments heard on the aforesaid application of the
Contd………..2/-
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appellants for condonation of delay in filing the present appeal.
Perused the material available on record. No sufficient ground has
been mentioned by the appellants in the aforesaid application for delay
in fling the appeal, however, considering the facts, circumstances,
submissions made and in the interest of justice, the aforesaid
application of the appellants is allowed subject to cost of Rs.500/-
each, to be deposited with DLSA, Central District, Tis Hazari Courts,
Delhi. Delay in filing the present appeal is condoned. Appellants are
directed to furnish the receipts of cost on the next date of hearing.
Appellants have preferred the present appeal against the
judgment dated 24/01/2023 and order on sentence dated 03/06/2023
passed by the Ld. Trial Court. Vide judgment dated 24/01/2023, the
appellants Suresh Yadav, Laxman Yadav and Manoj Yadav were
convicted by the Ld. Trial Court for the offence u/s. 392/34 IPC and
appellants Suresh Yadav and Manoj Yadav were also convicted by the
Ld. Trial Court for the offence u/s. 411 IPC. Order on sentence dated
03/06/2023 and order dated 03/08/2023 passed by the Ld. Trial Court
are perused. Appellants Suresh Yadav, Manoj Yadav and Laxman
Yadav were sentenced to undergo rigorous imprisonment for the
period of three years each and to pay a fine of Rs.10,000/- each for the
offence u/s. 392/34 IPC and in default of payment of fine, the appellants
shall further undergo rigorous imprisonment for the period of three
months. Appellants Suresh Yadav and Manoj Yadav were also sentenced
to undergo rigorous imprisonment for the period of three years each
and to pay a fine of Rs.5,000/- each for the offence u/s. 411 IPC. Both
the imprisonments shall run concurrently.
Fine amount stated to be not paid by the appellants.
Contd………..3/-
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Issue notice of the present appeal to the Addl. PP for the
State/ respondent. Addl. PP for the State/ respondent accepts the
notice of the present appeal.
An application u/s. 389 Cr.P.C. is already stated to be
filed alongwith the present appeal.
Heard. Perused.
Alongwith the present appeal, the appellants have filed
an application u/s. 389 Cr.P.C. for suspension of sentence.
Heard. Perused. Order on sentence is suspended till
disposal of the present appeal subject to furnishing of personal/ surety
bond in the sum of Rs.20,000/- each with one surety each of like
amount. Bail Bonds furnished and accepted.
Concerned Bank of the surety Sh. Rishab Batra be also
informed accordingly and Concerned Bank is directed not to encash
the FDR of the surety without permission of the Court. Concerned
Transport Authority of the sureties Sh. Mahender Yadav and
Sh. Shankar Yadav be informed accordingly. Intimation in this regard
be sent to the concerned Transport Authority and Concerned Bank.
Put up the matter for reply and arguments on
20/11/2023. Date of 20/11/2023 is given at specific request and
convenience of the appellants and counsel.
Copy of this order be sent to the Ld. Trial Court. Copy
of this order be also given dasti to the appellants, as prayed for.
Order be uploaded on the website of the Delhi District
Court.
(Vijay Shankar)
ASJ-05, Central District
Tis Hazari Courts, Delhi
04/08/2023(G)
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