Delhi High Court - Orders
Bharat Sharma @ Deepak @ Tutan vs State on 30 January, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 113/2026
BHARAT SHARMA @ DEEPAK @ TUTAN .....Appellant
Through: Mr. Varun Derwal, DHCLSC and Mr.
Danish Khan, Adv.
versus
STATE .....Respondent
Through: Mr. Ritesh Kumar Bahri, APP with
Ms. Divya Yadav & Mr. Lalit Luthra,
Advs.
SI Ekta, P.S. Sector-23, Dwarka.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
ORDER
% 30.01.2026
1. This hearing has been done through hybrid mode. CRL.M.A. 3269/2026 (for exemption)
2. Allowed, subject to all just exceptions. Accordingly, the application is disposed of.
CRL.M.A. 3270/2026 (for lengthy synopsis and list of dates and events.)
3. Allowed, subject to all just exceptions. Accordingly, the application is disposed of.
CRL.M.A. 3271/2026 (for condonation of delay)
4. This is an application filed by the Appellant seeking condonation of delay of 24 days in filing the present appeal.
5. For the reasons stated in the application, the delay is condoned.
6. The application is allowed and accordingly disposed of.
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 02/02/2026 at 20:42:32 CRL.A. 113/2026
7. The present appeal has been filed by the Appellant under Section 415(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the impugned judgement dated 17th October, 2025 and the order on sentence dated 28th October, 2025 passed by ld. ASJ-03 and Special Judge, South West District, Dwarka Courts District, Delhi in Sessions Case No. 441276/2016 arising out FIR No. 104/2016 registered at P.S Dwarka, Sector-23, Delhi for offences punishable under Section 302/307/201/34 of the Indian Penal Code, 1860 (hereinafter, 'IPC').
8. Vide the impugned judgment, the Appellant has been convicted under Sections 302/307/34 of IPC. He has been acquitted under Section 201/34 of IPC.
9. Vide the impugned order on sentence, the Appellant has been sentenced to rigorous imprisonment for life and fine has also been imposed in the following terms:
"15. Considering the facts and circumstances of the case and after weighing the circumstances as discussed above, the convicts Vinay and Deepak @ Tutan @ Bharat Sharma are sentenced as under:
(i) to rigorous imprisonment for life and fine of Rs.10,000/-and in default of payment of fine, to undergo SI for three months for committing the offence punishable under Section 302/34 IPC.
(ii) to rigorous imprisonment for two years and fine of Rs.10,000/- and in default of payment of fine, to undergo SI for three months for committing the offence punishable under Section 307/34 IPC.
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 02/02/2026 at 20:42:32
14. Both the substantive sentences awarded for committing the offence under Section 302/34 IPC and 307/34 IPC shall run concurrently. Benefit of Section 428 CrPC shall be given to the convicts. However, the sentence awarded in default of payment of fine for both the offences shall run consecutively."
10. Admit.
11. Issue Notice. Mr. Ritesh Kumar Bahri, ld. APP accepts notice on behalf of the State.
12. The Registry is directed to requisition the TCR and prepare the appeal paperbook with proper indexing, pagination and bookmarks expeditiously and provide digitized copies thereof to ld. Counsels appearing on behalf of the parties, upon request. Let the TCR be tagged along with this appeal by the next date of hearing.
13. Let the physical TCR be requisitioned to the Court on the next date of hearing by the Registry.
CRL.M.(BAIL) 213/2026 (for suspension of sentence)
14. The present application has been filed by the Appellant under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking suspension of sentence and release of Appellant on bail during the pendency of the present appeal.
15. Issue notice. Notice is accepted by Mr. Ritesh Kumar Bahri, ld. APP for the State.
16. Let the State file a status report/reply by the next date of hearing.
17. Vide the impugned order on sentence, the matter has been recommended to the Delhi Legal Services Authority (hereinafter, 'DLSA'), 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 02/02/2026 at 20:42:32 Dwarka Court for awarding final compensation to the parents of the deceased Mukesh and the injured Kanhaiya Kumar under the Delhi Victim Compensation Scheme in the following terms:
"17. Now coming to the quantum of compensation, Section 357 CrPC provides for payment of compensation to a victim from out of the 'fine' imposed by a Court as part of the sentence awarded to a convict, Section 357A of the CrPC contemplates payment of compensation to a victim under a victim compensation scheme.
18. Since the convicts are not financially capacitated to pay the compensation to the family of victim/deceased Mukesh and also to the injured Kanhaiya Kumar. In view of the provisions of Section 357A CrPC, the present case is recommended to DLSA for awarding appropriate final compensation to the parents of the deceased Mukesh and also to injured Kanhaiya Kumar under the Delhi Victim Compensation Scheme. The same be disbursed to the parents of the deceased Mukesh and to injured Kanhaiya Kumar as per law."
18. Issue notice to Secretary, DLSA, Dwarka Courts.
19. Let the DLSA, Dwarka Courts file a status report as to the disbursement of the compensation.
20. Let the latest nominal roll along with any other relevant material in respect of the Appellant be placed on record by the concerned Jail Superintendent by the next date of hearing.
21. Let an affidavit be filed by the Appellant stating the past criminal antecedents of the Appellant. Let the same be verified by the ld. APP and a Status Report in this regard be placed on record by the next date of hearing.
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 02/02/2026 at 20:42:32 Delay, if any, in filing the same, is condoned.
22. Let written submissions be also filed on behalf of all parties, at least one week before the next date of hearing
23. Copy of this order be communicated to the concerned Jail Superintendent for necessary information and compliance.
24. Copy of this order be communicated to the Secretary, DLSA, Dwarka Courts for necessary information and compliance.
25. List on 17th March, 2026 along with the connected appeal CRL.A 23/2026.
PRATHIBA M. SINGH, J MADHU JAIN, J JANUARY 30, 2026 b/sm 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 02/02/2026 at 20:42:32