Delhi High Court - Orders
Amit Nath @ David @ Shibbu vs State (Nct) Of Delhi on 17 September, 2025
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 1124/2025
AMIT NATH @ DAVID @ SHIBBU .....Appellant
Through: Mr.Vikas Padora, Mr.Tushar Malik &
Mr.Aakash Kumar, Advocates
versus
STATE (NCT) OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with SI Ankita Singh PS SJ Enclave
Mr.Girish Kumar & Mr. Aditya
Kumar, Advocates for Complainant/
R-2 with complainant in person.
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
ORDER
% 17.09.2025 Crl.M.(Bail) 1699/2025(Suspension of Sentence)
1. In his pending appeal, applicant herein seeks to suspend his sentence and the operation of judgment on conviction awarded vide orders dated 08.07.2025 and 30.07.2025, respectively in session case No. 235/2017 dated 03.02.2017 passed by Additional Sessions Judge, Saket Courts, Delhi arising out of FIR No. 46/2017 registered at Police Station Safdarjung Enclave.
2. Vide the present appeal, the applicant has challenged the impugned judgment dated 08.07.2025 and the order on sentence dated 30.07.2025 whereby he has been sentenced to undergo rigorous imprisonment for a period of 12 years and a fine of Rs.50,000/- for an offence punishable under Section 376(2)(n) of the IPC and in case of default of payment of fine, CRL.A. 1124/2025 Page 1 of 6 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 17/09/2025 at 23:24:44 simple imprisonment for a period of five months.
3. Learned counsel for the applicant seeks the concession of bail during the pendency of the appeal by submitting that the applicant's behaviour and record in jail have been satisfactory post-conviction, after his arrest on 24.02.2017. He would also submit that the applicant was released on bail on 24.12.2019 and was on bail during the pendency of the trial which went on for about 8 years. After conviction by the Ld. ASJ, Saket Courts, he was arrested on 08.07.2025 after the conviction order of even date and has been in custody ever since.
3.1 He would contend that the judgment passed by the Ld. Trial Court suffers from grave legal and factual infirmities, having been rendered without proper appreciation of the evidence on record. It is unsustainable in the eyes of law.
3.2 He would further contend that it is a settled principle of criminal jurisprudence that the prosecution must prove its case beyond reasonable doubt. In the present matter, contradictions and inconsistencies in the testimonies of key witnesses create serious doubt, entitling the appellant to benefit of doubt.
4. On merits, the learned counsel would submit that the applicant was incorrectly convicted basis wrong suggestion given by the erstwhile counsel that there were physical relations between the victim and the applicant, when there was ample material on record to indicating to the contrary. 4.1 Learned counsel would submit that the prosecutrix's testimony was riddled with inconsistencies and contradictions which have been overlooked by the Trial Court.
4.2 Moreover, he would contend that there is no CDR record to suggest CRL.A. 1124/2025 Page 2 of 6 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 17/09/2025 at 23:24:44 that the victim and applicant were on coninous talking terms. And there is no evidence on record of physical assault or rape and the victim also even denied to undergo the internal medical examination.
5. Learned APP for the State opposes the present application and submits that appeal itself is sans merit and, therefore, the instant application is liable to be dismissed.
6. Be that as it may, qua the merits of the appeal, there may be some substance in some of the arguments addressed by the learned counsel for the applicant but the same can only be thrashed out once the appeal comes up for the final hearing.
7. In light thereof, I am of the view that otherwise it's a case of bail and accordingly, it is so ordered.
8. Having heard the rival contentions while there may be some substance in some of the arguments addressed by the counsel for the applicant, however, the same is matter of final adjudication in the appeal based on the evidence that has been adduced before the learned Trial Court.
9. Reference may also be had to the medical condition of the applicant as has been mentioned in the status report dated 11.09.2025 filed by the State wherein it is mentioned that:
"On 12.08.2025 inmate patient visited DDL) Hospital for Ortho reference also as referred by Jail Visiting SR Ortho in view of his persistent complaints of low back ache with lower limb radiculopathy not reliving on treatment wherein he was thoroughly examined, advised conservative treatment/physiotherapy and advised to not lift heavy weight or sit on the floor.
On 20.08.2025 inmate patient visited DDL! Hospital for ENT and Medicine reference in view of his ongoing complaint of allergic rhinitis associated with shortness of breath wherein at CRL.A. 1124/2025 Page 3 of 6 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 17/09/2025 at 23:24:44 ENT department he was prescribed symptomatic treatment, at Medicine department he was advised to start MDI inhalers based on chest x-ray findings.
On 25.08.2025 inmate patient presented at Jail Dispensary in emergency with complaint of acute onset left flank pain with blood in urine with painful defecation with one episode of black out in the morning for which after providing primary treatment he was immediately referred to DDL) hospital for further management wherein he was examined by SR Surgery, based on finding of examination he was referred towards Safdarjung Hospital for USG KUB and Urology opinion. At Safdarjung hospital he was examined by SB Surgery and SR Urology based on the report of USG KUB which was suggestive of left renal concretions and advised appropriate treatment and few investigations.
In the meantime inmate patient had presented at jail dispensary few times in emergency with complaint of painful defecation with active bleeding, pain in flank with on and off haematuria, dizziness, episode of fainting with weight reduction for which he was kept in Ml room on few occasions for observation and delivery of medical care."
[Emphasis Supplied]
10. Moreover, my attention has also been drawn to paragraph 64 of the impugned judgment wherein it is stated:
"............................
64. Therefore, in view of the above mentioned facts and circumstances, I am of the considered opinion that the statement of the victim girl that she did not tell the true facts earlier to the IO, or to the Doctor or before Ld. Magistrate due to the threats given by the accused is not reliable and it does not inspire the confidence of the Court.
.........................."
11. It was thus, in aforesaid premise that the applicant was convicted by the Trial Court. However, having heard the submissions made by the parties CRL.A. 1124/2025 Page 4 of 6 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 17/09/2025 at 23:24:44 ibid, and having perused the case file, the conviction is open to doubt and the appeal is unlikely to be heard expeditiously. The applicant has remained in custody for approximately 1 year and 10 months coupled with the fact that he remained on bail during the pendency of the trial which went on for about 5 years and never misused the liberty, I am of the view that he is entitled to concession.
12. The applicant is stated to be a deeply rooted person in society having a family to look after which also includes four sisters and given his own medical conditions, ibid, he is entitled to concession of bail.
13. It is accordingly directed that the applicant shall be released on bail on furnishing a personal bond with surety of the like amount to the satisfaction of the Jail Superintendent and during pendency of the appeal his sentence shall accordingly remain suspended. While accepting the bond the Jail Superintendent shall impose following conditions:
i. In case of change of residential address, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to this Court.
ii. The appellant shall regularly appear before the Court as and when the appeal is taken up for hearing.
14. With the aforesaid observations, the application stands disposed of and the sentence of the applicant shall remain suspended during the pendency of the appeal.
15. Apart from the conditions imposed above, the Jail Superintendent shall take a specific undertaking from the applicant that upon grant of bail by this Court and during the pendency of the bail, he shall not contact the victim and/or her family members either directly or indirectly. Apart CRL.A. 1124/2025 Page 5 of 6 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 17/09/2025 at 23:24:44 therefrom, he shall keep himself out of bound from the locality where the victim resides, Malviya Nagar. In case there is any violation of the undertaking, the victim and the prosecution and/or Investigating Officer shall be at liberty to seek cancellation of bail, provided there is a proof of his any such violation.
16. The application stands disposed of.
Crl.M.(Bail) 1858/2025 (Interim Suspension of Sentence) In view of the aforesaid order of even date in Crl.M.(Bail) 1699/2025 granting suspension of sentence to the applicant during the pendency of appeal, the present application seeking interim suspension of sentence is rendered infructuous.
The application is disposed of accordingly.
Crl.A. 1124/2025List in due course.
ARUN MONGA, J SEPTEMBER 17, 2025 SV CRL.A. 1124/2025 Page 6 of 6 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 17/09/2025 at 23:24:44