Supreme Court – Daily Orders
Sunny vs The State Of Nct Of Delhi on 24 April, 2026
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026
(@SLP(CRL.) NO.2657 OF 2026)
SUNNY …APPELLANT(S)
VERSUS
STATE OF NCT OF DELHI …RESPONDENT(S)
ORDER
1. Heard.
2. Leave granted.
3. Based on an intel input received by the jurisdictional
police, a trap came to be laid near Bhalswa Dairy Bus Stand and
appellant and his wife who were proceeding on a Scooty, which
Signature Not Verified
belonged to the wife of the appellant, was intercepted and on
Digitally signed by
RASHI GUPTA
Date: 2026.04.27
18:14:58 IST
Reason:
1 SLP(CRL.) NO.2657 OF 2026
personal search no contraband was found. However, in the boot
of Scooty they found 280 grams of heroin and as such FIR
No.737/2024 for the offences punishable under Sections 21, 25
and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (NDPS Act) came to be registered against both the
accused. Though the appellant moved an application under
Section 91 CrPC seeking preservation of CDRs and mobile
locations contending that the raiding party had not intercepted
the vehicle, as against the claim of prosecution, said application
came to be dismissed by the trial court by order dated
12.09.2024.
4. It is thereafter during the course of investigation the
statement of the appellant was recorded under Section 67 NDPS
Act and thereafter has implicated the co-accused sahidul alias
Babu and on search of the house of said person, recovery of 294
grams of heroin was made. However, it is a fact that the said
Sahidul has been released on bail and even the wife of the
appellant has also been enlarged on bail.
2 SLP(CRL.) NO.2657 OF 2026
5. Though the learned counsel appearing for the respondent-
State would vehemently oppose the grant of bail by contending
that appellant if released on bail is likely to indulge in similar
act, we are not inclined to accept the same. Having regard to the
fact that the appellant’s wife, at the time of filing of the
application for grant of bail before the trial court, was on
advanced pregnancy stage (eight months) and also having
regard to the fact that minor children are there to be taken care
of, we are of the considered view that the appellant would also
be entitled for the relief of bail.
6. Accordingly, appeal is allowed. Impugned order is set
aside. Appellant is ordered to be released on bail on such terms
and conditions as the jurisdictional court may deem fit to
impose including the condition of directing the appellant to
cooperate with further investigation, if any, and also on the
condition that appellant would appear before the jurisdictional
trial court on all dates of hearing except when exempted for any
3 SLP(CRL.) NO.2657 OF 2026
specific reason.
7. It is made clear that in the event of any fresh criminal
case of similar offence, is registered against the appellant, the
respondent would be at liberty to file an application for
cancellation of the bail. In the event of such application being
filed, the trial court shall consider the same on its own merits
and in accordance with law.
8. Pending application(s), if any, shall stand disposed of.
………………………………………J.
(ARAVIND KUMAR)
………………………………………J.
(PRASANNA B. VARALE)
New Delhi;
April 24, 2026.
4 SLP(CRL.) NO.2657 OF 2026
ITEM NO.10 COURT NO.15 SECTION II-D
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)
No(s). 2657/2026
[Arising out of impugned final judgment and order
dated 29-08-2025 in BA No. 2490/2025 passed by
the High Court of Delhi at New Delhi]
SUNNY Petitioner(s)
VERSUS
STATE OF NCT OF DELHI Respondent(s)
IA No. 35053/2026 – EXEMPTION FROM FILING O.T.
Date : 24-04-2026 This matter was called on for
hearing today.
CORAM : HON’BLE MR. JUSTICE ARAVIND KUMAR
HON’BLE MR. JUSTICE PRASANNA B. VARALE
For Petitioner(s) :Ms. Vagisha Kochar, AOR
Mr. Ajay Marwah, Adv.
Mr. Cm Sangwan, Adv.
Mr. Pawan Aneja, Adv.
For Respondent(s) :Mr. Satya Darshi Sanjay, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Divyam Aggarwal, Adv.
Ms. Mili Joy Baxi, Adv.
Ms. Rajeshwari Shankar, Adv.
Ms. Nikita Sethi, Adv.
5 SLP(CRL.) NO.2657 OF 2026
UPON hearing the counsel the Court made the
following
O R D E R
1. Leave granted.
2. Appeal is allowed in terms of the
Signed Order placed on the file.
3. Pending application(s), if any, shall
stand disposed of.
(RASHI GUPTA) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
6 SLP(CRL.) NO.2657 OF 2026