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2006 DIGILAW 282 (DEL)

AJAY v. STATE OF N. C. T. OF DELHI

2006-02-13

MANJU GOEL, MANMOHAN SARIN

body2006
( 1 ) THIS is an application moved by appellants/ applicants - Ajay Kumar and Vijay Kumar S/o ramesh Chand Verma for Suspension of sentence. This is a case of triple murder where deceased Narinder, Namita and Pushpraja were killed for which after trial, Ramesh Chand verma, father of appellants was sentenced to death while the two appellants received life sentence and other concurrent running sentences. ( 2 ) MR. Mukesh Kalia, learned counsel for the appellants submits that this is a case where there is no eye witness or direct evidence. The main plank of his submissions as far as these two appellants are concerned, is that there is nothing to implicate the appellants for the murder of Namita and Narender while the only other circumstance alleged to connect the appellants with the murder of pushpraja, is the evidence of last seen by pw-3. This is assailed by the appellants on the ground that while the crime took place on 24th October, 1998, PW-3, who was aware of the crime as he is admitted to have read the same in the newspaper the following day, gave his statement to the Police belatedly on 6th January, 1999, even though he admits that he was questioned by the police in" between. Learned counsel for the appellants also assails the evidence of detection of blood traces from the back seat of TSR as being highly doubtful and suspect inasmuch as the investigating Officer is stated to have lifted the blood sample on 7th January, 1999 with the help of cotton while the incident took place on 24th October, 1998. Apart from this, counsel submits that appellants have undergone incarceration for a period of around 7 years. There is no likelihood of the appeal and the death reference being heard in the immediate future. ( 3 ) WITHOUT commenting on the merits of the above submissions, we are of the view that in the above circumstances, the sentence of the appellants - Ajay Kumar and vijay Kumar deserves to be suspended pending hearing of the appeal. Accordingly, we suspend the sentence of the appellants- ajay Kumar and Vijay Kumar, pending hearing of the appeal, on their furnishing a personal bond in the sum of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of the trial court. Accordingly, we suspend the sentence of the appellants- ajay Kumar and Vijay Kumar, pending hearing of the appeal, on their furnishing a personal bond in the sum of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of the trial court. Appellants shall also furnish their address which shall be verified by the trial court before their release. Appellants shall also report to the SHO. Police station Malviya Nagar on 7th of each month. The SHO shall notify any default to the court. Application stands disposed of. ( 4 ) COPY of the bail bonds and surety bonds as accepted by the trial court, be sent to this court to be placed on the record of this case. ( 5 ) COPY of this order be sent to the SHO, police Station Malviya Nagar and the trial court. .