IN THE COUR T OF Ld. SH.
Sukh jeet Singh , METR OPOL
ITAN
MAGI STRA TE- 03, NORT H-EA ST KARK ARDO OMA COUR
, TS, DELH I
'
IN THE MADE R OF:
STATE
VERSUS FAHIM
FIR No. 441/2 028
PS: Khaja uri Khas
U/5 376D /342/ 34 IPC
INDE X
S. NO.
PARTICULAR PAGE NO.
1. APPLICATION FOR TAKING THE PERSONAL BOND
WITH ONE SURETY OF THE LIKE AMOUNT AND
REQUISITE ORDER FOR RELEASE OF THE
APPLICANT/ACCUSED FOR THE PERIOD • AS
PRESCRIBED IN THE ORDER DATED 22.08. 2024 OF
THE HON'BLE HIGH COURT OF DELHI.
Date: 03.09 .2024
,0
Place: New Delhi
Throu gh
\~~¥
Advoc ate Ambe r Shehb az Ansar i
Counsel for the accused
IN THE co
URT OF Ld. SH. Sukhjee t Singh, METR oPOLIT AN
MAGIST R
ATE- 03, NORTH- EAST, KARKAR DOOMA CO URTS' DELHI
FIR No. 441/20~8
State vs Fah1m
PS: Khajauri Khas
U/S 376D/34 2/34 JPC
APPLICA TION FOR TAKING THE PERSONAL BOND WITH ONE SURETY O~
THE LIKE AMOUNT AND REQUISITE ORDER FOR RELEASE OF TH
APPLICA NT/ ACCUSED FOR THE PERIOD AS PRESCRIBED IN THE ORDER
DATED 22.08.20 24 OF THE HON'BLE HIGH COURT OF DELHI,
SIR,
It is respectfu lly submitted as under:
1. That the Hon'ble High Court of Delhi vide is order dated 22.08.20 2 4 in Crl.
A. No. 449/2020 titled as Fahim vs State was pleased to suspe nd th e
sentence for two weeks with a condition of furnishing a personal bo nd _of
Rs.10000 /- with one surety in the like amount to the satisfacti on of Ld. Trial
Court. Certified Copy of the order dated 22.08.20 24 is filed as annexur e
A-1.
2. That in view of the above-mentioned order of the Hon'ble High Court of
Delhi, the present application moved on behalf of the applicant /accused
requesting this Hon'ble Court to take the personal bond with one surety of
the like amount and requisite order for release of the applicant /accused for
the period as prescribed in the order dated 22.08.20 24 of the Hon'ble High
Court of Delhi.
PRAYER:
It is thus prayed that this Hon'ble Court to take the personal bond with one surety
of the like amount and requisite order for release of the applicant /accused for the
period as prescribed in the order dated 22.08.202 4 of the Hon'ble High Court of
Delhi.
Date: 03.09.20 24
Place: New Delhi
Through
Advocate Amber Shehbaz Ansari
Counsel for the accused
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELIll
+ CRL.A. 449/2020
FAHIM ..... Appellant
Through: Mr. Kamal Mohan Gupta, Mr. Amb:
Shehbaz Ansari and Mr. Gorakh Na
Yadav, Advs.
versus
STATE ..... Respondent
Through: Ms. Manjeet Arya, APP for the State
with Insp. Dinesh Chandra, PS
Kahjuri Khas.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MEND IRATTA
ORDE R
% 22.08.2024
CRL.M.A. 25120/2024
An application under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 ('BNSS') has been preferred by appellant seeking early
hearing of CRL.M.(BAIL) 1102/2024 on account of death of his mother.
For the reasons stated in the application, the same is allowed.
CRL.M.(BAIL) 1102/2024, is accordingly taken up for hearing.
Application stands disposed of.
CRL.M.(BAIL) 1102/2024
1. An application under Section 389 of the Code of Criminal Procedure,
1973 ('Cr.P.C. ') has been preferred on behalf of appellant for interim
suspension of sentence and release on bail in FIR No. 441/2018 under
Sections 342/354B/376DN34 IPC registered at Police Station Khajuri Khas.
2. Appellant has been convicted vide judgment dated
Digitally Signed Data
Certified to he True Copy
CRL.A. 449 /2020 ion 70 of
Indian Evlclcncc /\ct Page 1 of 3
This Is • dig/tally signed order.
Th• eulhentlclty or the order cen 1H re-verlrled from De/hi High Court Ordor Port•/ by scennlng
th• QR codo shown 1bovo.
The Order Is down/01ded from the 0/IC S•rv•r on 27/08/2024 er 11 :44:0~
02 •12 ·20I9/04.l2.2019 and sentenced vide order dated 09.12.2019 to
uudergo Rigorous Imprisonment (RI) for 1 year and fine of Rs. 1,000/- (in
default of payment of fine to undergo SI for 01 month) for offence
punishable under Section 342 IPC and RI for 20 years and fine of Rs.
20,000/- (in default of payment of fine to undergo SI for six months) for
offence punishable under Section 376D IPC with benefit of Section 428
Cr.P.C.
3. Learned counsel for appellant submits that mother of appellant has
expired on 18.08.2024 and prays for suspension of sentence to perform the
last customary rites.
4. Learned APP for the State informs that death of mother of appellant
on 18.08.2024 has been verified.
5. Considering the facts and circumstances, sentence of the appellant is
suspended for a period of two weeks from the date of his release and is
admitted to bail on furnishing a personal bond in the sum of Rs. 10,000/-
(Rupees Ten Thousand only) with one surety in the like amount to the
satisfaction of the learned Trial Court and subject to the following
conditions :
(i) Appellant shall provide his mobile number to the
Investigating Officer (IO) / SHO concerned at the time of
release;
(ii) Appellant shall surrender before Superintendent Jail on
expiry of period of interim bail.
Application is accordingly disposed of. Pending applications, if any,
also stand disposed of.
A copy of this order be forwarded to Superintendent Jail and learned
Di~\tally Sic ncd Oat:t
Ccrtlf1et1 to rruo Copy
CRL.A. 449 /2020 ;:..! , \l
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CRL.A. 449/2020
List on 25.09.2024.
ANOO p KUMAR MENDIRATT A, J
AUGUST 22, 2024/p
... Di itally Signed Data
Ccrtftlcci to tic True Copy
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CRL.A. 449 /2020 Page 3 of3
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