Sh. Rahul (Through Mother Smt. Bidhya … vs The State (Govt. Of Nct Of Delhi) & Anr on 26 May, 2026

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    Sh. Rahul (Through Mother Smt. Bidhya … vs The State (Govt. Of Nct Of Delhi) & Anr on 26 May, 2026

    Author: Prateek Jalan

    Bench: Prateek Jalan

                              $~23
                              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +         CRL.A. 524/2026
                                        SH. RAHUL (THROUGH MOTHER
                                        SMT. BIDHYA DEVI)                          .....Appellant
                                                      Through: Mr. Sandeep Garg, Advocate.
                                                      versus
    
                                        THE STATE (GOVT. OF
                                        NCT OF DELHI) & ANR.                                                .....Respondents
                                                      Through:                            Mr. Tarang Srivastava, APP for
                                                                                          State.
                                                                                          SI Naveen Sharma, PS Bawana.
                              CORAM:
                              HON'BLE MR. JUSTICE PRATEEK JALAN
                                                   ORDER
    

    % 26.05.2026
    CRL.M.A. 16498/2026 (condonation of delay in refiling)
    This application already stands disposed of, vide order dated
    21.05.2026.

    Accordingly, the Registry is directed not to list the application
    further.

    SPONSORED

    CRL.M.A. 16497/2026 (condonation of delay in filing)
    By way of the present application, the appellant seeks condonation
    of a delay of 152 days in filing the captioned appeal.

    In view of the reasons stated in the application, the application is
    allowed and the delay in filing the captioned appeal is condoned.

    The application, accordingly, stands disposed of.

    CRL.A. 524/2026

    1. By way of the present appeal, the appellant assails the judgment

    CRL.A. 524/2026 Page 1 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 21:52:49
    dated 06.09.2025 and the order on sentence dated 09.09.2025 passed by
    the learned Sessions Court in proceedings arising out of FIR No.
    228/2023 dated 12.02.2023, registered at Police Station Bawana, whereby
    the appellant was convicted for offences punishable under Sections 392,
    411 and 34 of the Indian Penal Code, 1860 [“IPC“], and was
    consequently sentenced to undergo rigorous imprisonment for a period of
    three years alongwith a fine of Rs. 25,000/-.

    2. The appeal is admitted.

    3. The appeal be listed in the regular list, in its own turn.
    CRL.M.(BAIL) 1062/2026 (suspension of sentence)

    1. By way of the present application, the appellant seeks suspension
    of the sentence imposed upon him vide order on sentence dated
    09.09.2025 passed by the learned Sessions Court, whereby he has been
    sentenced to undergo rigorous imprisonment for a period of three years
    alongwith a fine of Rs. 25,000/-.

    2. Pursuant to the order dated 21.05.2026, the complainant has been
    served and is present before this Court.

    3. Mr. Sandeep Garg, learned counsel for the appellant, submits that
    vide order dated 12.01.2026 passed in CRL.A. 1420/2025 [Imtiyaz v. The
    State of NCT of Delhi
    ], the sentence of the co-convict was suspended,
    inter alia, taking into consideration the fact that the sentence imposed
    upon him was also for a period of only three years.

    4. Having regard to the provisions of Section 430 of the Bharatiya
    Nagarik Suraksha Sanhita, 2023 [corresponding to Section 389(3) of the
    Code of Criminal Procedure, 1973], as well as the judgment of the
    Supreme Court in Sudhir Kumar Jain v. State of Delhi [Criminal Appeal

    CRL.A. 524/2026 Page 2 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 21:52:49
    No. 1652/2007, decided on 30.11.2007], the sentence imposed upon the
    appellant is suspended during the pendency of the present appeal, subject
    to his furnishing a personal bond in the sum of Rs. 25,000/- alongwith
    two sureties of the like amount, to the satisfaction of the concerned
    Sessions Court, and further subject to the following conditions:

    a) The appellant shall appear before the Court on each date of hearing
    of the appeal.

    b) The appellant shall furnish his mobile number to the concerned
    Station House Officer [“SHO”] and shall remain available on the
    said number during the pendency of the present appeal. In the event
    of any change in the mobile number, the appellant shall intimate
    the SHO forthwith.

    c) The appellant shall promptly inform the concerned SHO, as well as
    this Court, of any change in his residential address or contact
    details.

    d) The appellant shall not leave the country without prior permission
    of this Court. In the event the appellant possesses a passport, the
    same shall be surrendered before the learned Trial Court. In case
    the appellant does not possess a passport, he shall file an affidavit
    to that effect before the learned Trial Court.

    e) In the event of breach of any of the aforesaid conditions, the
    suspension of sentence granted to the appellant shall stand liable to
    be cancelled forthwith.

    5. Mr. Garg submits that the fine amount of Rs.25,000/- imposed
    upon the appellant has already been deposited. The learned Trial Court
    shall verify the same prior to the release of the appellant.

    CRL.A. 524/2026 Page 3 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 21:52:49

    6. The application stands disposed of in the aforesaid terms.

    7. A copy of this order be communicated electronically to the
    concerned Jail Superintendent for necessary information and compliance.

    PRATEEK JALAN, J
    MAY 26, 2026
    ‘pv’/SD/

    CRL.A. 524/2026 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 21:52:49



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