DALBIR SINGH v. STATE OF NCT OF DELHI & ANR. (2020)

DALBIR SINGH v. STATE OF NCT OF DELHI & ANR. (2020)

Court: Supreme Court of India 

Bench: Hon’ble Justice Ashok Bhushan and Hon’ble Justice R. Subhash Reddy 

Date of Judgment: 28-08-2020 

Parties 

Petitioner: Dalbir Singh  

Respondent: State of NCT of Delhi & Anr.etc. 

Introduction 

The present appeal is filed by the aggrieved father of a deceased who died due to custodial torture whose request to release the deposited compensation amount awarded to him under Section 357 (3) of CrPC, 1973 was rejected. The respondents in this case are 6 police officers that were convicted for committing offences under Sections 365, 220, 167, 304 and 34 of Indian Penal Code. The order of Trail Court requiring the police officers to pay compensation for the same to the father of deceased was challenged by Respondents before the High Court. 

Facts 

• The contesting six Respondents, were accused of illegally detaining the deceased with relation to theft case and was tortured in police lock up and later succumbed to his injuries. Thus, FIR No.1004/2006 was filed against the police officers for committing offences under Sections 342, 332, 306, 167, 218, 220, 302, 34 of IPC. 
•  The Respondents/Accused were tried by ADJ, FTC court, Shahdara for the offences alleged against them. The Court found them guilty and imposed sentence on police officers and directed them to pay compensation to the father of deceased. 
• Criminal appeals are preferred by the accused as against the conviction by the Trial Court, 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 and same are pending before the High Court. 
• By the time impugned order was passed on 9.12.2019, 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 had already deposited the fine and compensation amount whereas appellant in Crl.A.No.537 of 2019 requested for more time to deposit the same.  
• In lieu of the deposit made by the abovementioned appellants, the father of deceased made a request to release the deposited compensation amount to him which was rejected vide impugned order dated 9.12.2019. Thus, these appeals. 

Issue 

Whether the father of deceased entitled to the release of deposited compensation amount in view of an appeal against the conviction and sentence in this regard is pending before the High Court. 

Judgment 

The court was of the view that it would not be desirable to release the deposited compensation amount in favor of appellant at a time when appeals on the same subject matter are pending before the High Court as any order in this regard will lead to multiplicity of proceedings. Thus, instead of ordering the release of deposited compensation to the appellant, the Court deemed it appropriate to order the High Court to dispose of the criminal appeals expeditiously. 

Conclusion 

The Court acknowledging the fact that the incident occurred in 2006 and the father of deceased has been pursuing the matter relentlessly for more than a decade couldn’t overlook the appeal pending before the High Court on similar subject matter. Thus, to prevent multiplicity of proceedings the Court ordered the High Court for expeditious disposal of criminal appeals.