GAVADE KISAN BAPU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has moved this application for suspension of sentence, which was awarded to him vide order dtd. 8/8/2016 passed by Learned General Security Guard Court, upheld by order dtd. 19/10/2016 passed by the Director General, National Security Guard (NSG) and further upheld by order dtd. 14/12/2018 passed by The Secretary, Ministry of Home Affairs, and to release him on bail.

(2.) Notice was issued on this application. Reply was filed on behalf of the respondents. It has been mentioned that the petitioner was on deputation to NSG w.e.f. 7/1/2014. After the Court of Inquiry into the complaints against the petitioner, 05 charges for aggravated sexual assault on children at NSG Campus were framed and he was tried by General Security Guard Court (GSGC) under Sec. 45 of the NSG Act, 1986 read with Sec. 10 of POCSO Act, 2012. At the end of the trial, the petitioner was found guilty of three charges by GSGC and he was sentenced to 5 years imprisonment along with dismissal of service. As stated in the petition, the said sentence was upheld by authorities for Internal Security Division of MHA.

(3.) I have heard arguments. Both the learned counsel appearing for the applicant and respondents, have reiterated the grounds mentioned in the application and reply. Counsel for applicant has especially mentioned the fact that the applicant has already undergone sentence of approximately 4 years and 8 months and his 5 years term is likely to be ending in July, 2022 and keeping in view the workload of the High Court, his appeal is not likely to be finally heard, so the application for suspension of sentence may be favourably considered. He has also made certain submissions on the merits on the case and regarding he being the sole bread earner in the family, which is fully dependent upon him.