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State vs Rahul & Ors on 2 March, 2022

Author: Siddharth Mridul

Bench: Siddharth Mridul, Anoop Kumar Mendiratta

                          $~ S-20
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.L.P. 140/2020
                                STATE                                ..... Petitioner
                                                Through: Mr.Ashish Dutta, APP for the State
                                                         with SI Sachin Dev Dangi, P.S.: Nand
                                                         Nagri.
                                                versus

                                RAHUL & ORS.                               ..... Respondents
                                                     Through:   Mr.Gaurav Vashishth, Advocate for
                                                                R-1.
                                                                Mr.Rajnikant, Advocate for R-2 & 3.
                                CORAM:
                                HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                                HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                             ORDER

% 02.03.2022 We have heard learned counsel appearing on behalf of the parties and perused the trial court record.

In view of the testimony of Om Prakash, PW-3, the injured victim, as well as the MLCs of PW-3 as well as Sumer Chand, the deceased victim, read in conjunction with the post-mortem report qua the deceased victim; as well as in the backdrop of the decision of the Supreme Court in the case 'Abdul Sayeed vs. State of M.P., (2010) 10 SCC 259' in relation to the testimony of an injured victim, we are of the view that the State has been able to make a good ground for grant of leave to appeal.

Leave granted The present leave petition is allowed and disposed of accordingly. CRL.A................(to be numbered) Let this criminal appeal be registered and numbered.

Notice.

Learned counsel for the respondents accept notice Admit.

List the appeal in due course at its turn. The Registry is directed to prepare the appeal paper book forthwith and provide copies thereof to the learned counsel appearing on behalf of the parties.

During the pendency of the present appeal, the respondents will furnish a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with one surety each of the like amount, respectively to the satisfaction of the Registrar (Appellate) of this court to secure their presence before this court at the time of hearing of the appeal.

The respondents shall also undertake on affidavit to appear before this court, as and when the appeal is taken up for hearing.

Furthermore, in case the respondents shift to another residential address, the same shall be intimated to this court by way of an affidavit, forthwith.

List the appeal before the Registrar (Appellate) for the said purpose on 11.03.2022.

SIDDHARTH MRIDUL, J.

ANOOP KUMAR MENDIRATTA, J.

MARCH 2, 2022/rb Click here to check corrigendum, if any CRL.L.P. 140/2020 Page 2 of 2 Signature Not Verified Digitally Signed By:DURGESH NANDAN Signing Date:08.03.2022 14:41:44