Delhi High Court - Orders
Raja Ram Jha vs The State Of Govt. Nct Of Delhi on 19 September, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 222/2025
RAJA RAM JHA .....Appellant
Through: Mr. Vinayak Bhandari and Mr. Ishaan
Phukan, Advocates.
versus
THE STATE OF GOVT. NCT OF DELHI .....Respondent
Through: Ms. Richa Dhawan, APP for the State
with SI Saurabh Kumar, PS -
Shalimar Bagh.
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
ORDER
% 19.09.2025
CRL.M.(BAIL) 375/2025
1. The present application under Section 430 read with Section 528 of BNSS has been filed on behalf of the applicant seeking stay of judgment of conviction dated 19.09.2024 and the suspension of order on sentence dated 14.11.2024, passed by learned Principal District and Sessions Judge, North- West District, Rohini Courts, Delhi, in case SC No. 237/17, arising out of FIR No. 1049/2014 under Sections 307 and 506 of IPC, registered at Police Station Shalimar Bagh.
2. Vide impugned judgment of conviction order, the applicant has been convicted under Sections 307 and 506 of IPC. He has been sentenced to undergo: (i) rigorous imprisonment for a period of 10 years with fine of CRL.A. 222/2025 Page 1 of 5 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 23/09/2025 at 00:02:13 Rs.1,000/- and in case of non-payment of fine, to further undergo simple imprisonment for three months for offence punishable Section 307 of IPC,
(ii) rigorous imprisonment for a period of 1 year for offence punishable Section 506 of IPC. All the sentences are to run concurrently.
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, resulting in his overall nominal roll being reflected as satisfactory. He would also submit that the applicant was released on bail on 03.11.2014 and was on bail during the pendency of the trial which went on for about 10 years. As per Nominal Roll, he was arrested on 29.03.2025 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.
3.3 He would also submit that the applicant has been made a scapegoat and has been falsely implicated.
4. On merits, the learned counsel would submit that the mother of the appellant used to run a tea stall at the end of the street where the complainant used to live and has a problem with the same and after the incident, the tea stall has been removed.
CRL.A. 222/2025 Page 2 of 5This 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 23/09/2025 at 00:02:13 4.1 He would also state that the name of the appellant was not mentioned in the PCR call that was made and hence, the possibility of false implication cannot be ruled out.
4.2 He would submit that it is alleged that the appellant attacked PW1 with a blade and ran away but the appellant is suffering from 60% permanent disability in relation to his legs as per report dated 29.12.1997. And no blade or any weapon as alleged has been recovered.
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. However, having heard the submissions made by the parties 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 1 month coupled with the fact that he remained on bail during the pendency of the trial which went on for about 10 years and never misused the liberty, I am of the view that he is entitled to concession.
8. The applicant is stated to be a deeply rooted person in society with clean antecedents and has a family to tend comprising of ailing 70 year old mother. In his absence, his family is moving towards literal starvation and penury as he is stated to be the breadwinner.
9. Apart from the other reasons, as recorded hereinabove, a medical CRL.A. 222/2025 Page 3 of 5 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 23/09/2025 at 00:02:13 report qua the disability of the applicant was sought, which reads as under:-
"In reference to the subject cited above, as per available medical records it is submitted that inmate/patient is a known case of Right Lower Limb Flaccid Monoparesis Poliomyelitis and Paranoid Schizophrenia for which he is undergoing treatment from Safdarjung Hospital, IHBAS (Institute of Human Behaviour and Allied Science), LNJP Hospital, Jail Visiting Psychiatric Specialist and Jail duty Doctors of CJ-10 dispensary .
It is submitted that as per assessment done by Neurologist of Lok Nayak Hospital, inmate/patient has a deformity and disability in right foot since childhood due to Polio and having limping while walking. Inmate/patient is a previously diagnosed case of Paranoid Schizophrenia from Safdarjung Hospital. He is undergoing regular follow up and treatment from Jail Visiting Specialist Doctors and IHBAS. He was last reviewed by Jail Visiting Pshiatric Specialist on dated 13.09.2025. On assessment, it was stated that (according to fellow inmates):-
1) He does not interact with other fellow inmates
2) Walk aimlessly in the barrack
3) Has been seen smiling and muttering to self for no reason
4) Non compliant to medicines prescribed
5) Food intake is adequate
6) Requires persuasion for self care
7) Does not report any complaint when inquired."
10. The aforesaid condition of the applicant also is a contributory factor for this Court to accord him the benefit of bail during pendency of his appeal.
11. 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 CRL.A. 222/2025 Page 4 of 5 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 23/09/2025 at 00:02:13 satisfaction of the Jail Superintendent and the sentence of the applicant shall remain suspended during the pendency of the appeal. 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.
12. With the aforesaid observations, the application stands disposed of and the sentence of the applicant shall remain suspended during the pendency of the appeal.
13. A copy of this order be communicated electronically forthwith to the concerned Jail Superintendent for information and necessary compliance.
CRL.A. 222/2025List in due course.
ARUN MONGA, J SEPTEMBER 19, 2025 kd CRL.A. 222/2025 Page 5 of 5 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 23/09/2025 at 00:02:13