Manju Devi vs State on 7 April, 2025

0
4


Delhi High Court – Orders

Manju Devi vs State on 7 April, 2025

Author: Prathiba M. Singh

Bench: Prathiba M. Singh, Amit Sharma

                                    $~2(SDB)
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    +                                                             CRL.A.-441/2020
                                                MANJU DEVI                                                                     .....Appellant
                                                                                      Through:                Mr. Adit S. Pujari & Mr. Zeeshan
                                                                                                              Thomas     (DSCLSC)        Advs.(M-
                                                                                                              9811611205).
                                                                                      versus
                                                STATE                                                                          .....Respondent
                                                                                      Through:                Mr. Rajesh Kumar, SPP with Ms.
                                                                                                              Mishika Pandita and Mohd. Changez
                                                                                                              Ali Khan, Advocates for CBI.
                                                CORAM:
                                                JUSTICE PRATHIBA M. SINGH
                                                JUSTICE AMIT SHARMA
                                                         ORDER

% 07.04.2025

1. This hearing has been done through hybrid mode.
CRL.M.(BAIL) 1728/2023 in CRL.A. 441/2020

2. The present application has been filed by the Appellant- Manju Devi
under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter,
Cr.P.C‘) read with Section 482 of the Cr.P.C. The application i.e. CRL. M.
(BAIL) 1032/2023 has been filed seeking suspension of sentence of the
Appellant during pendency of the present appeal whereas the other
application i.e. CRL. M. (BAIL) 1728/2023 has been filed seeking interim
bail for a period of eight weeks.

3. The present appeal is part of the Muzaffarpur Shelter Home cases
which are a batch of matters presently part heard before this Bench. The
arguments in the appeals are going on.

4. On the last date of hearing i.e. 29th March 2025, the Court had called

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/04/2025 at 21:19:54
for the nominal roll of the Appellant. The relevant portion of the said order
reads as under:

“5. Insofar as these matters are concerned, the ld.
Counsels submit that respective Appellants have
served a substantial period of the sentence awarded.
Accordingly, the respective Appellants wish to seek
suspension of sentence.

6. List these matters on 7th April, 2025 for
consideration of suspension of sentence.

7. Let the nominal roll of the concerned Appellants
be sent by the next date of hearing i.e., on 7th April,
2025.”

5. The nominal roll of the Appellant is handed over today. Let the same
be taken on record. The said nominal roll has been perused by the Court. As
per the nominal roll, the unexpired portion of the sentence of the Appellant is
1 year and 9 months. The Appellant was sentenced under Section 376(2) of
the Indian Penal Code, 1860 as also under Section 21 of Protection of Children
from Sexual Offences Act, 2012 for a period of 10 years. Other sentences
were also awarded to the Appellant but they were all to run concurrently.

6. Considering that a substantial part of the sentence has already been
served, the Appellant is released on interim bail till the next date of hearing,
on furnishing a personal bond of Rs. 10,000/- with surety of a like amount, to
the satisfaction of the ld. Trial Court/Link Court, further subject to following
conditions:

i. The Appellant shall report to the concerned SHO, P.S. Mithun Pur,
Muzaffarpur, Bihar, every Monday at 11:00 a.m and shall be

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/04/2025 at 21:19:54
discharged by the concerned SHO after one hour.
ii. The Appellant shall not leave India without prior permission of the ld.

Trial Court.

iii. The Appellant shall intimate the ld. Trial Court by way of an affidavit
and to the Investigating Officer regarding any change in residential
address.

iv. The Appellant shall appear before this Court as and when the matter is
taken up for hearing either virtually or physically.
v. The Appellant is directed to give her mobile number to the
Investigating Officer and keep it operational at all times.
vi. The Appellant shall not, directly or indirectly, tamper with evidence or
try to influence the witness in any manner.

7. The CRL.M.(BAIL) 1728/2023 is allowed and disposed of in the above
terms.

8. Copy of the order be sent to the concerned Jail Superintendent for
necessary information and compliance.

9. Order be uploaded on the website of this court forthwith.
CRL.A.-441/2020

10. List on 7th May, 2025 i.e., the date already fixed.

PRATHIBA M. SINGH, J.

AMIT SHARMA, J.

APRIL 7, 2025
dj/ck

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/04/2025 at 21:19:55



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here