Interim bail may be granted based on the familial needs and the appellant's clean jail record, emphasizing the importance of family welfare in bail considerations.

ORDER

Talwant Singh, J.

CRL.M. (BAIL) 234/2022

1. This is an application for grant of interim suspension of sentence and to release the convict on bail for a period of two months. It has been submitted by the appellant/applicant that he was convicted by the learned ASJ in case FIR No. 328/2014 under Section 6 of the POCSO Act and was sentenced to undergo RI for a period of 12 years and to pay a fine of Rs.10,000/-. The appeal preferred by him is pending before this Court.

1.1. This application has been moved for suspension of sentence for two months for arranging new accommodation of his family and for taking care of his 8 months old daughter and his wife. The family is stated to be consisting of his old ailing mother, his wife and his 8 months old daughter. The family is stated to be living at Baljeet Nagar, New Delhi-110008 and the rent agreement of the said rental accommodation is already over and the landlord is not willing to renew the same.

1.2. It is further submitted that there is no male member in the family to arrange for new accommodation. The father of the appellant/applicant had expired in 2008. The income of the appellant/applicant for Jail work is not sufficient for the daily needs of his family. He has to arrange for a new accommodation for his family.

1.3. The appellant/applicant has stated that he has already completed three years and three months of his sentence, excluding remission and he has a clean record in Jail. The appellant/applicant was earlier granted interim suspension of sentence at the time of the birth of his child for a period of one month. The routine vaccinations of the child, who is now eight months old, are also due.

1.4. The appellant/applicant deserves an opportunity to reintegrate himself into society. The appellant/applicant has remained on bail during most of the period of his trial and he has not misused the said liberty and he shall abide by all the terms and conditions which this Court may put while granting him interim bail.

2. Notice was issued. Status report as well as nominal roll were called.

3. In the status report, it has been mentioned that the appellant/applicant was ordered to undergo a sentence of RI of 12 years vide order dated 26.10.2020 under Section 6 of the POCSO Act. It has been confirmed that the family of the appellant/applicant comprises of his wife, an 8 months old daughter and an old widow mother. The parents of his wife are living nearby and there are two brothers and two sisters of the wife of the appellant/applicant.

3.1. As per the landlord, he had given the premises on rent to the mother of the appellant/applicant on 01.05.2019. However, the mother of the appellant/applicant had left the rented accommodation about 7 months ago and since then, the wife of the appellant/applicant and his daughter are residing in the premises and they have not paid the rent for the last six months, so the landlord has asked them to vacate the premises.

3.2. The wife of the appellant/applicant has stated that his mother-in-law had gone back to her native village and she is residing at the premises with her 8 months old daughter and she has been unable to pay the rent for the last six months. She works as a housemaid and she is not able to manage the amount for rent. Even in the the statement of the neighbours, same facts have been narrated.

3.3. It has been further mentioned that the appellant/applicant had been involved in 5 other matters.

4. I have heard the arguments.

4.1. It is not in dispute that the wife of the appellant/applicant has not paid the rent of the premises, where she is living, for the last six months because of paucity of funds and the landlord has already asked her to vacate the premises.

4.2. The appellant/applicant has prayed for two months' time to arrange