Delhi High Court - Orders
Sikander vs State on 6 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 951/2016
SIKANDER ..... Appellant
Through: Mr. Chetan Bhardwaj and Mr. Priyal
Bhardwaj, Advocates.
versus
STATE ..... Respondent
Through: Mr. Utkarsh, APP with Insp. Naveen
Kumar and SI Nitesh Mahiya,
PS: Samaypur Badli.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 06.05.2024 CRL.M.A. 13806/2024 & 13815/2024 Exemption allowed, subject to just exceptions.
Applications stand disposed of.
CRL.M.A. 13814/2024An application under Section 482 of Cr.P.C. has been preferred on behalf of the appellant for early hearing of the appeal.
Allowed. CRL.M.(BAIL)553/2024 is accordingly taken up for hearing. Application stands disposed of.
CRL.M.A. 13805/20241. An application under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been preferred on behalf of the appellant for modification of order dated 29.04.2024, whereby, the application was directed to be re-notified on 16.05.2024.
2. As prayed by learned counsel for the appellant, name of counsel for 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 10/05/2024 at 22:05:08 appellant be correctly read as Mr.Chetan Bhardwaj in order dated 29.04.2024.
3. Learned counsel for the appellant further submits that no request was made by him on 29.04.2024 for re-notifying on 16.05.2024.
The submission made by learned counsel is without merit, since the date was given at request of counsel for appellant, as this Court was not inclined to release the appellant on bail after perusal of the earlier orders, which revealed that petitioner had failed to surrender for the period 25.03.2021 to 23.08.2023 and also an application for suspension of sentence stood withdrawn on 24.11.2023 by learned counsel for the appellant.
Application is accordingly disposed of.
CRL.M.(BAIL) 553/2024
4. An application under Section 389 read with Section 482 of Cr.P.C has been preferred on behalf of the appellant for interim suspension of sentence for a period of two months in FIR No. 350/2009, under Sections 395/397 IPC and Sections 25/27 of Arms Act, registered at PS: Samaypur Badli.
5. Learned counsel for the appellant submits that presence of appellant is required for taking care of children, in view of their poor health condition and since his wife is employed.
6. On the other hand, learned APP for State opposes the application and submits that appellant stands convicted for offence under Sections 395/397 IPC and Sections 25/27 Arms Act and jumped interim bail and failed to surrender for a period of over 02 years. Further, appellant was only arrested on 25.11.2023 and his jail conduct is unsatisfactory. He further points out that appellant is also involved in another case and was convicted in FIR No. 0416/2010, under Sections 395/397 IPC and Sections 25/27 Arms Act.
7. While passing order dated 29.04.2024, status report for 16.04.2024 was 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 10/05/2024 at 22:05:08 placed on record, whereby, it was informed that the daughter of appellant namely Ms. Nilakshi had been admitted in ESI Hospital, Rohini on 08.03.2024 and was discharged on 11.03.2024. Further, after admission on 17.03.2024, she was again discharged on 03.04.2024. Also, with reference to another daughter namely Ms. Sneha, it was reflected that she was admitted on 26.03.2024 and was discharged on 28.03.2024.
Considering the past antecedents and conduct of the appellant, no grounds for interim suspension of sentence are made out.
Application is accordingly dismissed.
CRL.A. 951/2016List on the date fixed, i.e. 16.05.2024.
ANOOP KUMAR MENDIRATTA, J.
MAY 06, 2024/R 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 10/05/2024 at 22:05:09