The Delhi High Court has refused to suspend the sentence of and grant bail to two rape convicts pending hearing on their appeals against their conviction by a trial court here saying they had committed a serious offence of gang-raping a minor.
The convicts have challenged their conviction and the 10-year sentence each in an appeal against the trial court judgment.
Convicts Madan Lal and Mohinder had sought suspension of their sentence and bail submitting that they had already spent five years in jail, therefore, they wanted to re-establish family and social ties. Their counsel further argued that the grounds on which parole was granted to the convicts under the Parole Guidelines of 2010 — one of which is re-establishing family and social ties — would be applicable to the grant of interim bail to the appellants.
On the ground for suspension of sentence and grant of bail put forward by the convicts, Justice M.L. Mehta said re-establishing family and social ties could be taken into account while considering the relief sought by the convicts, but in addition to that grounds whether any prima facie ground was disclosed for substantial doubt about the conviction, the seriousness of the offence, the period of sentence and whether disposal of appeal or revision is likely to take unreasonable time should also come into play.
Dismissing the plea, Justice Mehta said: “The appellants are convicted of committing a serious offence of gang-rape of a minor girl. Having regard to the facts and circumstances of the case and the nature of offence and the manner in which the offences were committed, this ground alone, which has been taken by the appellants, does not entitle them for suspension of their sentence and releasing them on interim bail. I find no merits in the application. The application is hereby dismissed.”
