Delhi High Court - Orders
Mustafa Tyagi vs The State Of N.C.T. Of Delhi on 12 August, 2025
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 494/2025
MUSTAFA TYAGI .....Appellant
Through: Mr. Sayed SAif Ali Jafri, Mr. Sunny
Kashyap, Mr. Sagar Thakur, Mr.
Surya Pratap Singh Raghav, Mr.
Deepak Sharma, Mr. Pankaj Kapoor
and Mr. Ajay Pal Singh, Advocates.
versus
THE STATE OF N.C.T. OF DELHI .....Respondent
Through: Mr. Shoaib Haider, APP for the State
with SI Vikrant Singh, PS Hari
Nagar.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 12.08.2025 CRL.M.(BAIL) 1626/2025 (for Suspension of Sentence)
1. Application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') (old Section 389 of the Code of Criminal Procedure, 1973) read with Section 528 of B.N.S.S. (old Section 482 of Cr.PC) has been filed on behalf of the Appellant, Mustafa Tyagi for grant of Suspension of Sentence and for grant of Interim Bail for sixty days in FIR No.342/2012 under Section 147/148/149/307/429/34 of the Indian Penal Code, 1860 and Section 25/27/54/59 of the Arms Act, registered at Police Station Hari Nagar, Delhi.
2. It is submitted that the Appellant has been convicted vide Judgment dated 21.12.2024 and vide Order dated 01.03.2025 has been sentenced to 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 13/08/2025 at 23:01:35 imprisonment (RI) for a period of five years for the offences under Section 307 read with Section 149 IPC with Section 25 of Arms Act and also for three years imprisonment for the offences under Section 147 and 148 IPC. The Appellant is also sentenced for a period of five years for the offence under Section 429 read with Section 149 IPC, in default of payment of fine of Rs.15,000/- (total fine), further SI for a period of three months and all the sentences are to run concurrently (benefit of Section 428 of Cr.PC given to the Appellant).
3. It is submitted that the Appellant has been diagnosed with dyslipidemia and cholelithiasis with a gallbladder calculus measuring approximately 8 mm. Additionally, his liver is found to be endangered, measuring 16.9 cm, suggestive of hepatomegaly. Dyslipidemia, if left untreated, can significantly increase the risk of cardiovascular events such as heart attack or stroke.
4. It is further submitted that the gallbladder stone of this size is clinically significant and may cause recurrent episodes of biliary colic, cholecystitis, or even life-threatening complications like gallbladder perforation or pancreatitis, if not managed promptly.
5. Moreover, Hepatomegaly may be indicative of underlying liver pathology, such as fatty liver disease or early lover, dysfunction, which without appropriate medical intervention, may progress to cirrhosis or liver failure.
6. It is further submitted that apart from the above medical issues, the Appellant has been suffering from serious chronic ailments including high blood sugar (diabetes) and high cholesterol, both of which require continuous monitoring and treatment. While in judicial custody, the 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 13/08/2025 at 23:01:35 Appellant's blood sugar levels remain uncontrolled, primarily due to the lack of proper medical treatment and monitoring in the jail environment.
7. Due to uncontrolled diabetes, with the passage of time, the Appellant has developed retinopathy, a diabetes-related eye condition that has severely affected his vision. The Appellant has been advised to undergo cataract surgery at Deen Dayal Upadhyay (DDU) Hospital. Multiple medical tests and evaluations are required prior to the cataract surgery, which are not feasible within the jail premises and require specialized facilities.
8. It is further submitted that his condition is deteriorating and impacting his ability to perform daily activities, posing a serious risk to his well-being and quality of life. Immediate medical intervention is necessitated by way of specialized treatment and surgical operations. Thus, a prayer is made that he may be granted Interim Bail or Suspension of Sentence for 60 days.
9. The Medical Report has been received from the Jail Superintendent wherein it is submitted that the Appellant is suffering from uncontrolled Type-II Diabetes Mellitus DSPN (Distally Symmetric Peripheral Neuropathy), Dyslipidemia (deranged lipid profile), Grade-III fatty liver, Internal Hemorrhoids, Cholelithiasis, left eye cataract, for which he is taking treatment from Safdarjung Hospital, DDU Hospiptal and jail visiting specialist doctors.
10. It is further stated in the Medical Report that for uncontrolled Diabetes Mellitus, the Appellant is taking treatment from Safdarjung Hospital. Inmate is having very high glycemic index (with HbA1c - 11.3mg/dl), which means high blood sugar levels, for which he has been advised combination therapy of oral hypoglycaemic agents and insulin therapy. He has also been advised diabetes diet and physical activities. For 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 13/08/2025 at 23:01:35 his deranged lipid profile he has been advised anti lipid agents. For his left eye cataract, the Appellant visited Ophthalology Department of Safdarjung Hospital on 07.08.2025 wherein he has been advised left eye cataract surgery, for which he has been advised some blood investigations and to review with investigations report.
11. It is further stated in the Medical Report that the Appellant is suffering from uncontrolled Type-II Diabetes Mellitus, DSPN, Dyslipidemia, Fatty liver, Hemorrhoids, Cholelithiasis, left eye cataract. The Appellant is at risk for diabetic emergencies, infections, cardiovascular events and further deterioration. Precaution has been provided with follow- ups and incomplete investigations planned.
12. The learned APP for the State submits that it may be considered that there is involvement of the Appellant in seven cases including the present case, in which two cases were under Sections 323/341/427/34 IPC while two others were under Section 307 IPC and one under Section 308 IPC and one under Section 3 & 4 MCOC Act, in addition to the present case. Considering his antecedents and his previous involvements, the Interim Bail is opposed.
Submissions heard and the record perused.
13. Though, it cannot be overlooked and denied that the Appellant has a medical condition, but looking at his criminal antecedents, it is hereby directed that the appropriate medical treatment be made available to the Applicant and in case, he requires admission in any Hospital, the same be provided to him immediately.
14. The Application is disposed of accordingly.
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 13/08/2025 at 23:01:35
15. Needless to state that if there is any supervening circumstance, the Appellant shall be at liberty to move the Application.
NEENA BANSAL KRISHNA, J AUGUST 12, 2025/RS 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 13/08/2025 at 23:01:35