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The Delhi High Court today ( 24^th March, 2021) suspended the two-year jail term of AAP MLA Somnath Bharti in a case of assault on AIIMS security staff.

A single bench of Justice Suresh Kait also stayed Bharti’s conviction in the case and sought response of the Delhi government on his plea challenging his conviction and the sentence.

The AAP MLA Bharti was taken into custody and sent to prison on Tuesday (23^rd March, 2021) after pronouncement of the verdict by a trial court. In his plea before the high court, the learned counsel for Bharti sought setting aside of the trial court’s order and acquitting him of all charges.

The high court listed the matter for further hearing in May 20.

The facts of the present case date back to 2016 when an FIR was registered on 10.09.2016 on the basis of a complaint against Somnath Bharti, Jagat Saini, Dileep Jha, Sandeep, Rakesh Pandey and approximately 300 unknown associates of Som Nath Bharti for allegedly breaking the fence of boundary wall of AIIMS with JCB for creating an access to AIIMS on 09.09.2016.

“It is further alleged in the complaint that they were requested to produce the orders of the Competent Authority but they failed to produce any document. It is also alleged that the fence on the boundary wall of Government property was damaged and when the complainant had objected, they had misbehaved with the security persons and some security persons also got minor injuries while protecting the Government land. Accordingly, a prayer was made to lodge a FIR and take strict action against the accused persons”
– stated the complaint.

Accordingly, “appeal is dismissed qua the conviction and sentence of appellant u/s 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act. Appellant be taken into custody and be sent to Jail for serving the sentence as awarded by the Ld.Trial Court vide its sentence order dated 23.01.2021 for the offence under Section 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act.”

Case title- Somnath Bharti v State,2021

Law point- Section 323/353 IPC read with Section 149 IPC , u/s 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act