Delhi High Court - Orders
Firasat Hussain vs State Of Nct Of Delhi on 18 October, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 1308/2015
FIRASAT HUSSAIN
..... Appellant
Represented by: Mr.Harsh Prabhakar, Advocate
(DHCLSC) for the appellant.
Mr.S.Sethi, Advocate for DSLSA,
Ms.Harshita Mishra, Secretary
(Litigation), DSLSA.
versus
STATE OF NCT OF DELHI
..... Respondent
Represented by: Ms.Shubhi Gupta, APP for the State
with SI Pushpender Singh, P.S.Jagat
Puri.
Mr.Tushar Sannu, Standing Counsel
with Ms.Priyansha Sinha, Advocate
for IHBAS.
Mr.Ripu Daman Bhardwaj, CGSC
with Mr.Kushagra Kumar, Advocate
for Union of India.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 18.10.2022
1. Present appeal was preferred by Firasat Hussain challenging the impugned judgment dated 10th August 2015 convicting him for offence punishable under Section 302 IPC and the order on sentence dated 17 th August 2015, directing him to undergo life imprisonment.
2. Vide the judgment of this Court dated 20th November 2017, the plea Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:20.10.2022 11:15:49 of the appellant was accepted that at the time of commission of offence, the appellant was suffering from illness and thus, not rational to take decision. Hence, the judgment of conviction and order on sentence were set aside.
3. Since the appeal resulted in an acquittal, appellant was required to submit a personal bond and a surety bond in terms of Section 437A CrPC, however, the appellant failed to do so and thus, the matter was kept pending for hearing including the challenge to vires of Section 437A CrPC, which required furnishing of the personal bond and the surety bond by the accused post acquittal. In the meantime, the appellant has passed away. Thus, the requirement of the appellant to furnish a personal bond and the surety bond in terms of Section 437A CrPC does not arise. The appeal is thus pending on the legal issue with respect to the challenge to vires of Section 437A CrPC requiring an acquitted accused to furnish a personal bond and the surety bond, for a period of six months. On this limited extent, list this appeal for hearing on 6th February 2023.
4. Written submissions have already been filed by Mr.Jawahar Raja, Amicus Curiae as also by the State and Mr.Harsh Prabhakar, Advocate now appearing on behalf of the Delhi High Court Legal Services Committee. Any further written submissions, if required to be filed by the parties, be filed before the next date of hearing.
5. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
ANISH DAYAL, J.
OCTOBER 18, 2022/akb Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:20.10.2022 11:15:49