Delhi High Court Dismisses Gang Rape Convict's Repeated Interim Bail Pleas For Mother's Surgery, Imposes Costs
The Delhi High Court has dismissed an interim bail plea moved by a gang rape convict seeking temporary suspension of sentence on the ground that his mother required gallbladder surgery, while observing that the repeated filing of similar applications amounted to an abuse of the judicial process.Justice Chandrasekharan Sudha imposed costs of ₹25,000 on the convict, directing that the amount...
The Delhi High Court has dismissed an interim bail plea moved by a gang rape convict seeking temporary suspension of sentence on the ground that his mother required gallbladder surgery, while observing that the repeated filing of similar applications amounted to an abuse of the judicial process.
Justice Chandrasekharan Sudha imposed costs of ₹25,000 on the convict, directing that the amount be deposited with the Delhi High Court Legal Services Committee within one month.
The appellant had been convicted in 2019 for offences under Sections 376(2)(g), 342 and 506 IPC in connection with the gang rape of a 14-year-old girl in Delhi in 2010. He was sentenced to 20 years' rigorous imprisonment.
In the present application filed under Section 389 CrPC, the convict sought interim suspension of sentence for eight weeks to attend to his mother during her surgery and post-operative care. It was claimed that she was suffering from gallbladder stones and required urgent surgery.
Opposing the plea, the State argued that the convict had repeatedly sought interim suspension on similar grounds in the past and lacked bona fides.
The Court examined the history of earlier applications filed by the convict since 2019 and noted that several interim bail pleas had been moved citing his mother's gallbladder surgery, financial difficulties, family responsibilities and related grounds. In many instances, interim suspension had been granted.
It noted that in earlier proceedings, surgeries cited as grounds for bail were allegedly postponed because the convict's mother had not undergone required medical tests or because her vitals were not normal.
“The strategy seems to be to somehow get an interim order of suspension and thereafter keep seeking for extension on the ground that the surgery could not be conducted,” the Court remarked.
It further observed that the convict appeared to be “trying his luck” by filing successive applications and withdrawing them when the Court appeared disinclined to grant relief.
The Court also took note of the convict's past conduct, observing that on previous occasions he had failed to surrender within time after interim bail periods expired.
Holding that the repeated pleas constituted a “clear abuse of the process of the court,” the High Court declined to grant any relief,
Appearance: Mr. Shannu Baghel, Ms. Sonam Tomar and Mr. Ganpat Ram, Advocates along with appellant's wife in person; Mr. Utkarsh, APP for the State. Mr. Harsh Prabhakar, Advocate (DHCLSC) with Mr. Dhruv Chaudhary, Mr. Shubham Sourav and Mr. Vijit Singh, Advocates for victim
Case title: Rajan v. State
Case no.: CRL.A. 1195/2019