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Mohd. Asgar (In J/C) vs State Of Nct Of Delhi on 8 April, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~38
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    CRL.A. 156/2021
                                     MOHD. ASGAR (IN J/C)                               ..... Appellant
                                                      Through : Mr.Asim Naeem, Advocate.
                                                      versus
                                     STATE OF NCT OF DELHI                              ..... Respondent
                                                      Through : Mr.Amit Ahlawat, APP for the State
                                                                    with SI Mahendra Koli, PS Narela.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                      ORDER

% 08.04.2021 Crl.M.A.No.5685/2021

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

3. Per judgment dated 03.02.2021 passed by learned Trial Court in Session's Case No.03/2020 arising out of the FIR No.490/2015 registered at police station Narela, the appellant along with other person was convicted under Section 145/147 IPC read with Section 149 IPC, Section 435 IPC and Section 3(1) & 4 of the Prevention of Damages to the Public Property Act, while acquitted under other offences. Per order on sentence dated 04.03.2021 in terms of para No.24 the appellant has been sentenced for above offences to maximum period of 4 years rigorous imprisonment and fine. All the sentences to run concurrently and fine has not been paid. Benefit of Section 428 Cr PC was also extended to appellant.

4. Admit.

5. List in due course as per its own turn.

6. LCR be requisitioned and tagged with the appeal.

7. By this application, the appellant/ petitioner seeks regular suspension of sentence and bail during the pendency of appeal.

8. Issue notice. Learned APP accepts notice and seeks to file status report. As sought, status report be filed before the next date of hearing with an advance copy thereof to the learned counsel for petitioner through email.

9. The latest nominal roll of petitioner be also requisitioned from the Jail Superintendent. Both the documents be placed on record as well.

10. List on 24.05.2021.

YOGESH KHANNA, J.

APRIL 08, 2021 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:09.04.2021 11:07