Dalbir Singh vs State Of Nct Of Delhi on 28 August, 2020



Dalbir Singh vs State Of Nct Of Delhi on 28 August, 2020

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Supreme Court of India

Dalbir Singh vs State Of Nct Of Delhi on 28 August, 2020

Author: Ashok Bhushan

Bench: Ashok Bhushan, R. Subhash Reddy, M.R. Shah

Crl.A.Nos. @ SLP(Crl.) D.No.13225 of 2020                         1
                                                                            NON-REPORTABLE




                                             IN THE SUPREME COURT OF INDIA

                                            CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL APPEAL NOS.550-554 OF 2020
                             (Arising out of S.L.P (Crl.)Nos.4016-4020 of 2020
                                    D.No.13225/2020


                        Dalbir Singh                                          ...Appellant

                                                              Versus

                        State of NCT of Delhi & Anr.etc.                    ...Respondents


                                                    O R D E R

1. Delay condoned.

2. Leave granted.

3. These criminal appeals are filed by the

complainant, aggrieved by the common order dated

09.12.2019 passed by the High Court of Delhi at New

Delhi in Crl.A.No.537 of 2019, Crl.A.No.624 of 2019,

Crl.A.No.622 of 2019, Crl.A.No.488 of 2019 and

Crl.A.No.499 of 2019, in rejecting the claim made by the

appellant herein for release of compensation which is
Signature Not Verified

Digitally signed by
MEENAKSHI KOHLI
Date: 2020.08.28
awarded under Section 357(3) of Cr.P.C., in order dated
16:16:33 IST
Reason:

20.03.2019 passed by the learned Addl. Sessions Judge,
Crl.A.Nos. @ SLP(Crl.) D.No.13225 of 2020 2
FTC Court,Shahdara in Sessions Case No.29 of 2011 and

Unique Case ID No.235 of 2016.

4. The contesting respondents, herein were accused in

FIR No.1004/2006 registered on the file of PS, Sector-

20, Noida (U.P.) for offence under Sections

342/332/306/167/218/220/302/34 IPC. All of them are

members of police force. It was the case of the

appellant/complainant that, respondents-accused have

illegally detained his son in connection with a theft

case and he was tortured in the police lock up and in

view of the injuries suffered, he succumbed to the

injuries. The respondents-accused were tried by the

learned Addl. Sessions Judge, FTC court, Shahdara for

the offences alleged against them and by judgment dated

14.03.2019, the respondents-accused namely Kunwar Pal is

held guilty for offence punishable under Section 365/34

IPC and accused SI Hindveer Singh and SI Mahesh Mishra

and constable Pradeep, constable Pushpender and

constable Haripal were held guilty for offence

punishable under Sections 365/220/167/304/34 IPC. While

passing the order of sentence on 20.03.2019, the Trial

Court has awarded compensation of Rs.One lac payable by

the accused/convict Kunwar Pal and a sum of Rs.Five lacs

each was ordered to be paid by the accused/convicts SI
Crl.A.Nos. @ SLP(Crl.) D.No.13225 of 2020 3
Hindveer Singh and SI Mahesh Mishra and a sum of Rs.Two

lacs each was ordered to be paid by the accused/convicts

constable Pradeep, constable Pushpender and constable

Haripal, in terms of Section 357(3) Cr.P.C. The Trial

Court ordered release of such compensation in favour of

the appellant who is the father of the deceased victim.

5. As against the conviction recorded and sentence

imposed by the Trial Court, criminal appeals are

preferred in Crl.A.No.537 of 2019, Crl.A.No.624 of 2019,

Crl.A.No.622 of 2019, Crl.A.No.488 of 2019 and

Crl.A.No.499 of 2019 by the accused, and same are

pending before the High Court.

6. By the time impugned order came to be passed on

9.12.2019, the appellants in Crl.A.No.488 of 2019,

Crl.A.No.499 of 2019, Crl.A.No.622 of 2019 and

Crl.A.no.624 of 2019 have deposited the fine and

compensation amount, whereas the appellant in

Crl.A.No.537 of 2019 sought time to deposit the same.

In view of the deposit made by the appellants, the

appellant herein made a request to release the deposited

compensation amount to him as, he is the father of the

deceased victim. Such request for release of the amount

as prayed by the appellant, is rejected vide impugned

order dated 9.12.2019. Hence these appeals.
Crl.A.Nos. @ SLP(Crl.) D.No.13225 of 2020 4

7. We have heard learned counsel for the appellant and

learned counsel appearing for respondent-State. Learned

counsel Sri Divyesh Pratap Singh, appearing for the

appellant, has submitted that the son of the appellant

is the victim of custodial torture, who has succumbed to

injuries suffered in lock up. It is stated that the

appellant is about 76 years of age and has been fighting

alone this case for the last more than 14 years.

Further he has, stated that on account of the

unfortunate incident, appellant has lost his son at the

young age of 20 years and further the appellant has

spent more than 14 years for pursuing the case, which

resulted in deterioration of his mental and physical

health. By further referring to material placed on

record, it is submitted that the appellant is suffering

from serious ailments and is in dire need of money for

his medical needs, and inspite of the same, the High

Court has refused to release the compensation awarded to

the appellant.

8. On the other hand, learned counsel appearing for

the respondents has submitted that the judgment of the

Trial Court dated 14.03.2019 convicting the respondents

and further the order dated 20.03.2019 imposing sentence

and award of compensation, are the subject matter of
Crl.A.Nos. @ SLP(Crl.) D.No.13225 of 2020 5
challenge in the appeals, as such the appellant is not

entitled for release of, such compensation, during the

pendency of the appeals before the High Court.

9. Having heard learned counsel for the appellant and

learned counsel appearing for respondent-State, we have

perused the impugned order and other material placed on

record.

10. In view of the pendency of criminal appeals before

the High Court, wherein the respondents-accused have

challenged their conviction and sentence imposed, we do

not wish to record any finding on merits of the matter.

But suffice it to say, that the compensation awarded in

the order dated 20.03.2019 is in exercise of power under

Section 357(3) Cr.P.C. 1973 and as the order dated

20.03.2019 is under challenge in criminal appeals

pending before the High Court, we are of the considered

view that it is not desirable to release such

compensation in favour of the appellant, at this stage.

It is true that, the incident has happened in the year

2006 and the appellant herein who is the father of the

victim is relentlessly pursuing the matter from last

more than a decade. But at the same time it is to be

kept in mind that, the conviction recorded and sentence

imposed by the Trial Court is the subject matter of the
Crl.A.Nos. @ SLP(Crl.) D.No.13225 of 2020 6
appeals, pending before the High Court. If we permit

the release of such compensation to the appellant at

this stage, it may lead to multiplicity of proceedings.

Instead of ordering release of compensation to the

appellant at this stage, we deem it appropriate to

request the High Court for expeditious disposal of

Criminal Appeal Nos. 537 of 2019, 624 of 2019, 622 of

2019, 488 of 2019 and 499 of 2019.

11. For the aforesaid reasons, we decline to interfere

with the impugned order dated 09.12.2019 passed by the

High Court and we request the High Court to dispose of

Criminal Appeal Nos. 537 of 2019, 624 of 2019, 622 of

2019, 488 of 2019 and 499 of 2019 as expeditiously as

possible, preferably within a period of six months, from

the date of this order. The appeals are accordingly

dismissed.

……………….J
[Ashok Bhushan]

……………….J.

[R. Subhash Reddy]

New Delhi;

August 28, 2020