Delhi High Court - Orders
Ravi vs State Nct Of Delhi on 24 January, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~74 & 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 810/2023
RAVI ..... Appellant
Through: Mr.Rudra Pratap, Mr.Rahul Sharma
and Mr.Tushar Randhawa,
Advocates.
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr.Ajay Vikram Singh, APP with SI
Ram Kishan, PS Neb Sarai.
+ CRL.A. 899/2023
RAHUL KUMAR ..... Appellant
Through: Mr.Rudra Pratap, Mr.Rahul Sharma
and Mr.Tushar Randhawa,
Advocates.
versus
THE STATE NCT OF NEW DELHI
THROUGH SHO NEB SARAI ..... Respondent
Through: Mr.Ajay Vikram Singh, APP with SI
Ram Kishan, PS Neb Sarai
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 24.01.2024 CRL.M.(BAIL) 1361/2023 in CRL.A. 810/2023 CRL.M.(BAIL) 1496/2023 in CRL.A. 899/2023
1. Separate applications have been preferred on behalf of the appellants under Section 389 of the Code of Criminal Procedure, 1973 ('Cr.P.C') for suspension of sentence and release on bail in FIR No.30/2016 under Sections 308/34 IPC registered at PS: Neb Sarai.
This is a digitally signed order.
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2. Appellants were convicted vide judgment dated 11.07.2023 and sentenced vide order dated 21.08.2023 to undergo Rigorous Imprisonment (RI) for Four years and fine of Rs.10,000/- for offence punishable under Section 308/34 IPC (in default of payment of fine to undergo SI for 06 months). Benefit of Section 428 Cr.P.C was also given to the appellants.
3. Learned counsel for the appellants submits that the police failed to join. Rahul, a cousin of complainant during investigation who is alleged to be present at the time of the incident, as referred in complainant's cross- examination though it was clarified that his cousin had left at the time of incident. It is further submitted that the appellants did not have common intention and no offence under Section 308 IPC is made out since the nature of injuries is opined to be simple. Both the appellants are stated to be in custody since 11.07.2023. It is also pointed out that the appellants were on bail during the course of trial and have clean past antecedents. Reliance is further placed upon Krishnamurthy @ Gunodu & Ors. v. State of Karnataka, (2022) 7 SCC 521; and Raju @ Rajpal & Ors. v. The State of Delhi, 2014 SCC OnLine Del 3641.
4. Applications have been opposed by learned APP for the State. It is submitted that one of the other co-convicts Badal does not have clean past antecedents, since a case under Section 302 IPC appears to have been registered against him after the present FIR was registered.
5. The nature of the injuries which were allegedly inflicted by the appellants have been opined to be simple. Considering the facts and circumstances of the case, the sentence of both the appellants is suspended and are admitted to bail on furnishing personal bonds in the sum 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 25/01/2024 at 07:01:18 Rs.25,000/- (Rupees Twenty Five Thousand only) each, with one surety in the like amount, to the satisfaction of the learned Trial Court and subject to following conditions:
(i) Appellants shall be released on bail, subject to deposit of fine amount; and
(ii) Appellants shall provide their mobile numbers to the Investigating Officer (IO)/SHO concerned at the time of release.
Applications are accordingly disposed of.
A copy of this order be forwarded to the learned Trial Court and Superintendent Jail for information and compliance.
CRL.A. 810/2023 CRL.A. 899/2023List on 24.07.2024, alongwith Crl.A. 868/2023.
A copy of this order be kept in both the appeals.
ANOOP KUMAR MENDIRATTA, J JANUARY 24, 2024/v 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 25/01/2024 at 07:01:19