(T.S. Thakur and R. Banumathi, JJ.)
State NCT of Delhi ________________________________ Appellant;
v.
Rakesh Kumar and Others ________________________ Respondent(s).
Criminal Appeal No(s). 1884-1887/2010, decided on March 18, 2015
With
Crl.A. No. 1888/2010, Crl.A. No. 1889/2010, Crl.A. No. 1890/2010 and Crl.A. No. 2377/2014 (With appln.(s) for exemption from filing c/c of the impugned judgment and)
The Order of the court was delivered by
Order
1. Heard.
Criminal Appeals Nos. 1884-1887 of 2010:
2. Respondents, Pushpender, Nirvikar, Sripal Singh Raghav, Satinder Kumar and Rakesh Kumar (accused nos. 3, 4, 7, 8 and 9 respectively) remain unrepresented though served. M/s. Anis Ahmad Khan and Puja Sharma, Advocates, appears to have earlier entered appearance on their behalf at some stage but both of them are not present today.
3. In the circumstances, we are left with no option but to issue non-bailable warrants against the said respondents. We order accordingly.
Criminal Appeals no. 1888/2010, 1889/2010, 1890/10 and 2377/2014:
4. We are informed by the learned counsel for the parties that the appellants in these matters have already served nearly twelve and a half years of actual imprisonment in jail. Since these appeals cannot be taken up for hearing immediately on account of non-appearance of respondents in Crl.A. Nos. 1884-1887 of 2010 filed by the State, we are inclined to suspend the remainder of the sentence awarded to them. We accordingly suspend the remainder of the sentence awarded to the appellants and direct that the appellants shall be enlarged from custody, subject to their furnishing bail bonds in a sum of Rs. 50,000/-(Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of the trial court.
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