Delhi High Court - Orders
Hamid Khan vs State (Nct Of Delhi) on 22 May, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 144/2025
HAMID KHAN .....Appellant
Through: Mr. Arman Roop Sharma, Mr.
Lekhraj P., Advs.
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for the
State.
SI Naresh Kumar Sharma, P.S.
Shahdara, Delhi.
Mr. Vishesh Wadhwa, Adv.
(DHCLSC) with Ms. Swadha Gupta &
Mr. Vishwam Mishra, Advs. for
Survivor.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 22.05.2025
1. This hearing has been done through hybrid mode.
CRL.M.(BAIL) 249/2025
2. The present application under Section 430 of the BNSS read with Section 528 of the BNSS seeks suspension of sentence and release of the applicant/appellant on bail during pendency of the instant appeal.
3. Vide the aforesaid impugned judgment of conviction dated 07.09.2024 and order on sentence dated 07.11.2024, respectively, the appellant/applicant has been convicted for the offence punishable under Section 120 IPC,120B of the IPC, Sections 109/34 read with Section 376 of the IPC and Sections 4 & 5 of the ITP Act and has been sentenced in the following manner:-
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(a) For the offence punishable under Section 120 of the IPC, the appellant/applicant is sentenced to undergo rigorous imprisonment for 7 years and fine of Rs. 5000/-. and, in default of payment of fine the appellant/applicant shall undergo simple imprisonment of 1 month.
(b) For the offence punishable under Section 120-B of the IPC, appellant/applicant is sentenced to undergo rigorous imprisonment for 7 years and fine of Rs. 5000/-. in default of payment of fine the appellant/applicant shall undergo simple imprisonment of 1 month.
(c) For the offence punishable under Section 109/34 read with Section 376 of the IPC, appellant/applicant is sentenced to undergo rigorous imprisonment for 7 years and fine of Rs. 5000/-. in default of payment of fine the appellant/applicant shall undergo simple imprisonment of 1 month.
(d) For the offence punishable under Section 4 of the ITP Act, the appellant/applicant is sentenced to undergo rigorous imprisonment for 2 years and fine of Rs. 1000/- in default of payment of fine the appellant/applicant shall undergo simple imprisonment of 15 days.
(e) For the offence punishable under Section 5 of the ITP Act, the appellant/applicant is sentenced to undergo rigorous imprisonment for 7 years and fine of Rs. 5000/- in default of payment of fine the appellant/applicant shall undergo simple imprisonment of 1 Month.
4. As per Nominal Roll 28.02.2025 received from the Superintendent of Prison, Central Jail No. 11, Mandoli, Delhi, as on 27.02.2025 the appellant/applicant has undergone 3 years, 8 months and 13 days.
5. In totality of the facts and circumstances and the fact that the appellant/applicant has undergone half of the sentence and the appeal is of 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 30/06/2025 at 18:40:46 year 2024, and the appeal is not likely to be heard soon, the sentence awarded to applicant/appellant, is suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Trial Court/Link Court, further subject to the following conditions:
i. The appellant/applicant shall not leave the country without prior permission of this Court.
ii. The appellant/applicant shall intimate this Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii. The appellant/applicant shall appear before this Court as and when the matter is taken up for hearing.
iv.The appellant/applicant shall provide his mobile number to the Investigating Officer and intimate about any change.
6. In view of the aforesaid, the application is allowed and disposed of accordingly.
7. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application.
8. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.
9. Order be uploaded on the website of this Court forthwith.
CRL.A. 144/202510. Learned counsel appearing on behalf of the survivor points out that the compensation was referred to the Delhi State Legal Services Authority for determination, however, there is no report on record.
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 30/06/2025 at 18:40:46
11. Learned counsel appearing on behalf of the Delhi State Legal Services Authority is present in Court and accepts notice and shall place the report regarding the same before the next date of hearing.
12. List on 20.08.2025.
AMIT SHARMA, J MAY 22, 2025/nk/sc Click here to check corrigendum, if any 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 30/06/2025 at 18:40:46