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Delhi High Court - Orders

Irshad @ Babloo vs State Nct Of Delhi on 9 May, 2022

Author: Siddharth Mridul

Bench: Siddharth Mridul, Rajnish Bhatnagar

                            $~S-25
                            *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +      CRL.A. 927/2018
                                   IRSHAD @ BABLOO                                    ..... Appellant
                                                     Through:     Mr. Aditya Kumar Dubey,
                                                                  Advocate through Video -
                                                                  conferencing
                                                     versus
                                   STATE NCT OF DELHI                               ..... Respondent
                                                Through:          Mr. Ashish Dutta, APP for the
                                                                  State with Sub- Inspector Roshan
                                                                  Lal P.S.: Bhalswa Dairy.
                                   CORAM:
                                   HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                                   HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
                                                ORDER

% 09.05.2022 Crl. M. (Bail) 531/2022 (Interim bail) The present application under Section 389 of Code of Criminal Procedure, 1973, has been instituted on behalf of the applicant/appellant, namely, Irshad alias Babloo, seeking interim suspension of sentence and release on interim bail for a period of four weeks on the ground of wedding of his sister Ms. Rabia, scheduled to take place on 11.05.2022.

Upon verification, a status report dated 08.05.2022 authored by Inspector Harender Singh, SHO of the Police Station- Bhalswa Dairy, has been handed over in Court today and the same has been taken on record.

A perusal of the said status report reveals that Ms. Rabia, the appellant's sister is to wed Mujahid on 11.05.2022 at Hazrat Nagar Garhi, District Sambhal, Uttar Pradesh.

Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA CRL.A. 927/2018 Page 1 of 3 Signing Date:09.05.2022 17:07:04

Learned counsel appearing on behalf of the appellant/applicant submits that appellant has already undergone incarceration of approximately 5 years. It is further observed from perusal of the nominal roll that the jail conduct of the appellant/applicant has been satisfactory.

In view of the foregoing and in the interest of justice, the present application is allowed. The sentence imposed upon the appellant/applicant shall remain suspended for a period of two weeks from the date of his release and he shall be enlarged on interim bail subject to the following conditions.

(i) The applicant/appellant shall furnish a bail bond in the sum of Rs.

25,000/-, with one local surety of the like amount to the satisfaction of the learned Jail Superintendent.

(ii) The applicant/appellant shall provide the concerned SHO, Hazrat Nagar Garhi, District Sambhal, Uttar Pradesh, with his mobile telephone number, which he undertakes to keep operational, during the period of interim bail.

(iii) The applicant/ appellant shall report on every Thursday between 11 am to 12 noon, to the SHO of the Police Station- Hazrat Nagar Garhi, District Sambhal, Uttar Pradesh, during the period of interim bail.

(iv) The applicant/appellant shall not leave the jurisdiction of the concerned Police Station District Sambhal, Uttar Pradesh, except to surrender before the Jail Superintendent.

(v) Lastly, the applicant/appellant shall surrender before the jail authorities, after the expiry of the period of interim suspension of sentence and release on bail, without demur. With the above directions, the application is disposed of. A copy of this Order be given dasti to the learned counsel Signature Not Verified appearing on behalf of the parties.

Digitally Signed By:KAMAL KANT MENDIRATTA CRL.A. 927/2018 Page 2 of 3

Signing Date:09.05.2022 17:07:04 A copy of this order be also sent to the Jail Superintendent for necessary information and compliance.

SIDDHARTH MRIDUL, J.

RAJNISH BHATNAGAR, J.

MAY 09, 2022/ib Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA CRL.A. 927/2018 Page 3 of 3 Signing Date:09.05.2022 17:07:04