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Sameena @ Sabana vs The State Govt Of Nct Delhi on 4 September, 2023

Author: Siddharth Mridul

Bench: Siddharth Mridul

                                    $~S-37

                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI\

                                    +           CRL.A. 716/2023

                                                SAMEENA @ SABANA                                                              ..... Appellant
                                                            Through:                                          Mr. Sandeep Choudhary,
                                                                                                              Advocate.

                                                                                      versus

                                                THE STATE GOVT OF NCT DELHI                ..... Respondent
                                                             Through: Mr. Laksh Khanna, APP for the
                                                                        State along with Inspector Rizwan
                                                                        Khan, P.S.: Nand Nagri.
                                                CORAM:
                                                HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                                                HON'BLE MR. JUSTICE ANISH DAYAL
                                                             ORDER

% 04.09.2023 CRL.M.A. 23857/2023 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of accordingly. CRL.M.A. 23856/2023 (for Condonation of delay) The present application under Section 5 of the Limitation Act, 1963 read with Section 482 of the Code of Criminal Procedure, 1973, has been instituted on behalf of the applicant/appellant seeking condonation of 184 days' delay in filing the accompanying appeal.

Issue notice.

Mr. Laksh Khanna, learned APP accepts notice on behalf of the non-applicant/State and fairly does not oppose the present application.

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 16/09/2023 at 16:03:56 In view of the averments made in the application, which are duly supported by an affidavit and the circumstance that the applicant/appellant is incarcerated, the application is allowed. The delay of 184 days in filing the accompanying appeal is condoned.

The application is disposed of accordingly.

Issue notice.

Mr. Laksh Khanna, learned counsel accepts notice on behalf of the respondent/State.

Admit.

Trial Court Record be requisitioned.

The Registry is directed to prepare the appeal paper books forthwith and provide copies thereof to learned counsel appearing on behalf of the parties.

List the appeal in due course along with the connected appeals being CRL.A. 573/2023, titled 'Mohd. Amir vs. State (GNCT) of Delhi' and CRL.A. 664/2023, titled 'Noor Hasan vs. State (Govt. of NCT of Delhi)'.

CRL.M.(BAIL) 1238/2023 (for Regular Bail) The present application under Section 389 of the Code of Criminal Procedure (Cr.P.C), 1973, has been instituted on behalf of Sameena alias Sabana, the applicant/appellant herein, praying as follows:-

"It is therefore, in the facts and circumstances of the present case, most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to:

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 16/09/2023 at 16:03:56

a) Suspend the sentence of the appellant during the pendency of the Appeal and release him on bail.

b) Pass any other order(s) which this Hon'ble Court deems expedient in order to secure the ends of justice."

Having heard learned counsel appearing on behalf of the parties and perused the impugned judgment dated 16.12.2022, passed by the learned Additional Sessions Judge-04, Shahdara, Karkardooma Court, Delhi, in Session Case No. 69/2020, titled as 'State vs. Mohd. Amir & Ors.', and in particular, the findings arrived at in view of the testimonies of the eye witnesses - PW-1, namely, Sh. Wahid Ali, PW-4, namely, Ms. Shabana, PW-7, namely, Ms. Raj Kumari, PW-10, namely, Mr. Bashir Ahmed and PW-12, namely, Mr. Sher Mohammad, read in conjunction with the medical evidence, as well as, the Post-mortem report, which is exhibited as Ex-PW-2/A; we are of the view that, no good ground for regular suspension of sentence and enlargement on regular bail, is made out, at this stage.

The application is dismissed and disposed of accordingly. A copy of this order be uploaded on the website of this Court.

SIDDHARTH MRIDUL, J ANISH DAYAL, J SEPTEMBER 04, 2023/rs Click here to check corrigendum, if any CRL.A. 716/2023 Page 3 of 3 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 16/09/2023 at 16:03:57