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Delhi High Court - Orders

Mohsin @ Viccky Pahalwan vs State (Nct) Of Delhi on 19 December, 2022

                          $~6
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     BAIL APPLN. 753/2022
                                MOHSIN @ VICCKY PAHALWAN            ..... Applicant
                                               Through: Mr. B.S. Chaudhary & Ms.
                                                        Sneh Lata Rana, Adv.

                                                    versus

                                STATE (NCT) OF DELHI                          ..... Respondent
                                               Through:            Ms. Richa Dhawan, APP
                                                                   alongwith          Inspector
                                                                   Rajnikant, PS Bhajanpura.

                                CORAM:
                                HON'BLE MR. JUSTICE AMIT MAHAJAN
                                             ORDER

% 19.12.2022

1. The present application is filed under Section 439 of Code of Criminal Procedure, 1973 (Cr.P.C) seeking regular bail in FIR No.477/2019, dated 14.09.2019 under Section 302/120B/34 of Indian Penal Code, 1860 (IPC) r/w Section 27 Arms Act at Police Station Bhajanpura.

2. Learned APP for the State submits that the applicant was earlier convicted in FIR No.448/2009 for offences under Section 364A/376/302/34 IPC in the year 2016. It appears that the applicant while either on bail, or because of suspension of sentence or for the reason of being in parole has committed the offence in present FIR No.477/2019.

3. Let the same be verified and an appropriate status report be filed before the next date of hearing.

4. Learned counsel for the applicant also seeks opportunity to file a short response to the averment that the applicant is a habitual offender.

Signature Not Verified Digitally Signed

5. Learned counsel for the applicant admits that in 7 cases of By:HARMINDER KAUR Signing Date:21.12.2022 19:37:50 the 11 mentioned in the list given by the APP for the State, the applicant has either been acquitted or discharged because of compromise and three cases under the Arms Act are listed for miscellaneous appearances. He does not dispute that these FIRs have been registered against the applicant. He, however, seeks short accommodation to give a response in relation to FIR No.448/2019.

6. List on 23.03.2023.

AMIT MAHAJAN, J DECEMBER 19, 2022 "SK"

Signature Not Verified Digitally Signed By:HARMINDER KAUR Signing Date:21.12.2022 19:37:50