Delhi High Court – Orders
Anil Kumar Vats vs State Of Nct Of Delhi on 23 December, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh, Amit Sharma
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 434/2024
ANIL KUMAR VATS .....Appellant
Through: Mr. Vivek Sood, Senior Advocate
with Mr. Abhishek Varma, Mr.
Raunak Gupta, Mr. Ankit Chadha and
Mr. Amitanshu, Advocates (M-
9911202091).
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Ritesh Kumar Bahri, APP for the
State with Ms. Divya Yadav and Mr.
Lalit Luthra, Advocates.
Insp. Sanjiv Mandal, PS Dwarka
South.
Mr. Kushal Kumar, Advocate for
complainant (M- 99587 24670).
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE AMIT SHARMA
ORDER
% 23.12.2024
1. This hearing has been done through hybrid mode.
CRL.M.(BAIL) 2171/2024
2. The present application under Section 430 of BNSS read with Section
528 of BNSS seeks suspension of sentence and release of the
Appellant/Applicant on bail during pendency of the instant appeal.
3. On 16th December, 2024, the Court had viewed the CCTV footage of
the incident and was of the opinion that prima facie the Appellant/Applicant
did make some attempts to prevent the co-accused from shooting the
deceased. The present application has thereafter been filed on behalf of the
CRL.A. 434/2024 Page 1 of 4
This is a digitally signed order.
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Appellant/Applicant seeking regular suspension of sentence during pendency
of the appeal.
4. On the last date of hearing i.e., 19th December, 2024, the Court had
called for a status report. Today, a status report authored by SHO, PS Dwarka
dated 22nd December, 2024, has been handed over in Court and the same is
taken on record. A perusal of the same reveals that the Appellant/Applicant
was given bail even earlier and had got involved in an another incident as
registered in FIR No. 617/2022, PS Najafgarh. The relevant extract of the
status report is set out below:
“6. That the applicant Anil Kumar Vats has been hardcore
criminal of the area. Considering his consistent criminal
activities and involvement in heinous crimes, his name has been
entered into the Surveillance register No. 10 Part-II (B) of Police
Station Palam Village pursuant to the order dated 09.08.2023
passed by Deputy Commissioner of Police, South West District,
Delhi. The history sheet is being maintained in Bundle ‘A’
(history sheet of the active criminals). Criminal involvement of
the applicant Anil Kumar Vats and status of the cases are as
follows:
SL Police Case FIR Under Section Status of the
no. Station No. case
1 Dwarka 121/2010 324/323/427/341/ Quashed
Sec. 23, 34 IPC
Delhi
2 Dwarka, 99/2013 392/397/411/34 Acquitted
South IPC
Delhi
3 Dwarka, 64/2016 302/506/120B/34 Convicted
South IPC & 25/27
Delhi Arms Act
4 Najafgar 617/2022 307/506/34 IPC Pending
h, Delhi. & 25/27 of Arms Investigation
ActCRL.A. 434/2024 Page 2 of 4
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 23/12/2024 at 22:33:25
7. The applicant has twice been out of the jail during the period
from 23.06.2021 to 30.11.2022 and from 15.12.2022 to
21.04.2023. It is pertinent to mention here that when the
applicant was out of the jail, he committed another heinous crime
and subsequently arrested on 29.11.2022 in case FIR No.
617/2022, u/s 307/506/34 IPC & 25/27 of Arms Act, PS
Najafgarh, Delhi. The case is pending investigation.
8. That the accused persons have done the cold blooded
murdered by firing on deceased from point blank range in the
broad- day light and left in despair mercilessly with a concerted
executively the very pre-planned, pre-mediated and criminal
conspiracy. The applicant has been hardcore criminal and is a
history-sheeter of Palam Police Station, South-West District.”
5. The Court has also perused the nominal roll dated 21st December,
2024, which reveals that the Appellant/Applicant’s jail conduct is
unsatisfactory.
6. However, considering the fact that in the CCTV footage, viewed by the
Court, there is some evidence in favour of the Appellant/Applicant, the Court
is inclined only to grant interim bail till the next date of hearing, in order to
assess and monitor the conduct of the Appellant/Applicant.
7. In view of the aforesaid, the sentence awarded to Appellant/Applicant,
is suspended till the next date of hearing and he is directed to be released on
bail on his furnishing a personal bond in the sum of Rs. 50,000/- with two
sureties of 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
CRL.A. 434/2024 Page 3 of 4
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 23/12/2024 at 22:33:25
affidavit and to the Investigating Officer regarding any change in
residential address.
iii. The Appellant/Applicant shall provide his mobile number to the
Investigating Officer and intimate about any change.
iv. The Appellant/Applicant shall not, directly or indirectly, contact
the family members of the deceased in any manner.
v. The Appellant/Applicant shall report at the office of SHO
concerned every day at 11:00 AM and the concerned Officer is directed
to release the Appellant/Applicant by 12:00 PM, after recording his
presence and completion of all the necessary formalities. The
concerned SHO shall closely monitor the Appellant/Applicant and file
a status report regarding the conduct of the Appellant/Applicant by the
next date of hearing.
8. List on 30th January, 2025, i.e., the date already fixed.
9. Copy of the order be communicated to the concerned Jail
Superintendent for necessary information and compliance.
10. Order be uploaded on the website of this Court forthwith.
PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
DECEMBER 23, 2024/sn/Pc/ms
CRL.A. 434/2024 Page 4 of 4
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 23/12/2024 at 22:33:25