Delhi Sessions Court suspends orders of conviction and sentence against Somnath Bharti in AIIMS assault case

A Delhi Sessions Court, on Thursday, suspended the orders convicting and sentencing Aam Aadmi Party legislator, Somnath Bharti in the All India Institute of Medical Sciences (AIIMS) assault case of 2016 (Somnath Bharti vs State). .In view of Bharti's appeal against the orders passed by the trial court earlier this month, Special Judge (MPs/MLAs Cases) Vikas Dhull ordered that the conviction and sentence orders be suspended till the appeal is decided. ."Since the appeal is going to take considerable time for disposal and having regard to grounds set out in the appeal, the application filed by the convict/appellant is allowed and conviction order dated 22.01.2021 and sentence order dated 23.01.2021 of Ld. Trial court are suspended during the pendency of this appeal, subject to the appellant furnishing personal bond in the sum of Rs. 20,000/with one surety in the like amount to the satisfaction of this court," the Court ordered. .The Court also issued notice to the Prosecution in the appeal and listed it for hearing on February 15. .Earlier this month, an Additional Chief Metropolitan Magistrate who presides over the Special MP/MLA Court, had sentenced Somnath Bharti to two years imprisonment for commission of offences punishable U/s 323, (Punishment for voluntarily causing hurt) 353 (Assault or criminal force to deter public servant from discharge of his duty) read with Section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) of Indian Penal Code and charge of offence punishable U/s 3 (Mischief causing damage to public property) of the Prevention of Damage to Public Property Act, 1984 and charge of offence punishable U/s 147 (Punishment for rioting) IPC read with Section 149 IPC..As per the Prosecution case and the chargsheet in the matter, in September 2016, a mob constituting approximately 300 persons led by accused Somnath Bharti, the MLA of the area concerned, had gathered near the boundary wall of AIIMS.The common object of the mob was to break the wall of AIIMS and to get access. In the process of demolishing the wall, the mob led by Bharti used a JCB machine and also manually damaged the fence on the boundary wall of the AIIMS.In the process, the mob used criminal force by pelting stones upon the security personnel of the AIIMS, it was alleged..[Read Order]