Delhi HC Suspends Father’s Sentence For 6 Months To Arrange Loan For Son Who Cleared JEE (Mains) Exam

A bench of Justice Sidharth Mridul and Justice Talwant Singh heard the matter.

Advocate Supriya Juneja appeared for the appellant, and Advocate Laksh Khanna, APP appeared for the respondent.

In the pertinent matter, the application was filed under Section 389 of CrPC read with Section 482 CrPC on behalf of Dev Kumar, the applicant-appellant, seeking interim suspension of sentence and release on interim bail. The ground being that the applicant-father had to arrange a student loan for further education of his son, Vishal Dev, who has cleared the Joint Entrance Examination -JEE (Mains) Exam 2023.

The Court took note of the status report of May 29, 2023, which revealed that the applicant’s son had scored a percentile of 84.8434112, which was also mentioned on the official website of the Department of Higher Education. Therefore, has successfully qualified for the National Test Agency (NTA) Exam for Joint Entrance Examination -JEE (Mains) Exam.

“Consequently, it is expected that, having secured the cut-off for B.E./B.Tech. Courses, in a large number of colleges, Mr. Vishal Dev, would require the support and assistance of the applicant/appellant, in securing admission for the B.E./B.Tech. Courses”, the bench stated.

The bench further observed that “Our attention has been invited to the circumstance that the applicant/appellant has already undergone 10 years’ incarceration and has been released on interim bail, by this Court on four previous occasions. It is not the State’s case that the applicant/appellant has misused the liberty granted to him by this Court, on any of the previous occasions”.

Accordingly, while allowing the application, directed a copy of the order to be communicated to the Jail Superintendent, Central Jail, Tihar, New Delhi.

Cause Title: Dev Kumar v. State of NCT of Delhi

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