Delhi High Court – Orders
Kamal vs State Of Nct Of Delhi on 25 May, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 535/2026
KAMAL .....Appellant
Through: Mr. Firoz Alam, Proxy Counsel.
(M:7895940545)
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Ritesh Kumar Bahri, APP.
Ms. Sweety Kumari, Proxy Counsel.
(M:8789883584)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
ORDER
% 25.05.2026
1. This hearing has been done through hybrid mode.
2. Lawyers of the Delhi High Court Bar Association (DHCBA) are
abstaining from work today.
CRL.M.A.16821/2026 (for exemption)
3. Allowed, subject to all just exceptions. The application is disposed of.
CRL.M.A.16820/2026 (for condonation of delay)
4. This is an application seeking condonation of delay of 2281 days in
filing the appeal. Considering that the Appellant is still in Judicial Custody,
delay in filing the appeal is condoned. Application is disposed of.
CRL.A.-535/2026
5. The present appeal has been filed by the Appellant – Kamal under
Section 415 of the BNSS, 2023 challenging the impugned judgment dated
16th December, 2019 as also the order on sentence dated 17th December,
CRL.A. 535/2026 Page 1 of 4
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2019 passed by the Special Judge, Children’s Court East District,
Karkardooma Courts Delhi in Sessions Case No. 740/2016 arising out of
F.I.R. No. 338/2011 registered at P.S. Mandawali for offences punishable
under Sections 364A read with Section 120B and 365 of the Indian Penal
Code, 1860 (hereinafter, ‘IPC‘).
6. Vide the impugned judgement dated 16th December, 2019, the Trial
Court has convicted the Appellant, along with other accused Kamal Kant for
offences punishable under Sections 364A and 365 read with Section 120B of
IPC.
7. Vide the impugned order on sentence, the Trial Court has awarded the
sentence in the following terms:
“[…]
7. In totality of facts and circumstances of the case,
age of the victim and nature of offence, I am of the
opinion that the ends of justice would be met in
sentencing both the convicts namely Kamal and
Kamal Kant to undergo rigorous imprisonment
(Rl) for life and fine of Rs. 10,000/- each for
offence punishable u/s 364A IPC r/w Section
120B IPC. In default of payment of fine, both the
convicts shall further undergo simple
imprisonment(Sl) for a period of 02 months. Fine
if recovered shall be paid to the victim.
Both the convicts namely Kamal and Kamal
Kant are also sentenced to undergo rigorous
imprisonment (Rl) for a period of seven years and
fine of Rs. 5,000/- each for offence punishable u/s
CRL.A. 535/2026 Page 2 of 4
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365 IPG r/w Section 120B IPG. In default of
payment of fine, both the convicts shall further
undergo simple imprisonment(SI) for a period of
01 months. Fine if recovered shall be paid to the
victim. All the sentences shall run concurrently.
The benefit of Section 428 Cr.P.C be given to both
the convicts…”
8. Admit.
9. Issue Notice. Mr. Ritesh Kumar Bahri, ld. APP accepts notice on behalf
of the State.
10. The Registry is directed to requisition the Trial Court Record
(hereinafter ‘TCR’) and prepare the appeal paperbook with proper indexing,
pagination and bookmarks expeditiously and provide digitized copies thereof
to ld. Counsels appearing on behalf of the parties, upon request. Let the TCR
be tagged along with this appeal by the next date of hearing.
11. Let the physical TCR be requisitioned to the Court on the next date of
hearing by the Registry.
CRL.M.(BAIL) 16819/2026 (for suspension of sentence)
12. The present application has been filed by the Appellant under Section
430 of the BNSS seeking suspension of sentence and release of the Appellant
on bail during the pendency of the instant appeal.
13. Issue notice. Notice is accepted by Mr. Ritesh Kumar Bahri, ld. APP
for the State.
14. Let the State file a status report/reply to this application by the next date
of hearing.
15. Ld. Counsel for the Appellant submits that the Appellant is very poor
and could not afford any lawyer, hence the delay in filing the present appeal.
CRL.A. 535/2026 Page 3 of 4
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It is also submitted that the co-accused Kamal Kant had also filed an appeal
challenging the impugned judgment and impugned order on sentence. In the
said appeal, being CRL.A.235/2020, vide order dated 19th May, 2026, the
sentence of Kamal Kant has already been suspended during the course of the
pendency of appeal.
16. Notice be served upon the legal heirs of the victim, if any, through the
concerned Investigating Officer.
17. Issue notice to the Secretary, Delhi State Legal Services Authority,
New Delhi (hereinafter, ‘DSLSA’) to file a status report in respect of the
compensation awarded to the victim.
18. Let the latest Nominal Roll of the Appellant, along with any other
relevant material in respect of the Appellant shall be placed on record by the
concerned Jail Superintendent by the next date of hearing.
19. In addition, let an affidavit be filed by the Appellant in terms of the
direction passed in Practice Direction No. 178/Rules/DHC dated 18th March,
2026 issued by this Court, pursuant to the decision of the Supreme Court in
Zeba Khan Vs. State of U.P & Others, Criminal Appeal No. 825/2026.
20. Copy of the order to be communicated to the concerned Jail
Superintendent, for necessary information and compliance.
21. List on 9th July, 2026 for hearing.
PRATHIBA M. SINGH, J.
MADHU JAIN, J.
MAY 25, 2026/dk/sm
CRL.A. 535/2026 Page 4 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 26/05/2026 at 21:06:52
