Jaffar Khan vs State Nct Of Delhi on 21 July, 2025

Delhi High Court – Orders

Jaffar Khan vs State Nct Of Delhi on 21 July, 2025

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~10
                          *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +           CRL.A. 604/2025
                                      JAFFAR KHAN                                                                           .....Appellant
                                                                  Through:            Mr. Ashutosh Kaushik and Mr.
                                                                                      Gautam Yadav, Advocates.

                                                                  versus

                                      STATE NCT OF DELHI                                                     .....Respondent
                                                    Through:                          Mr. Hemant Mehla, APP.
                                                                                      SI Mitthan Lal, PS: Sarita Vihar.

                                      CORAM:
                                      HON'BLE MR. JUSTICE SANJEEV NARULA
                                                   ORDER

                          %                        21.07.2025

                          CRL.M.(BAIL) 978/2025

1. The present Applicant/Appellant has been convicted in case no. SC
No. 1792/2016 relating to FIR no. 837/2014 under section
394/397/324/411/34 of the Indian Penal Code, 18601 and Sections 25 and 27
of the Arms Act, 1959, registered at PS: Sarita Vihar, New Delhi. The
Appellant was convicted vide judgement dated 16th October, 2024, passed
by the ASJ (Fast Track-01), South-East District, Saket Courts, New Delhi
for offences under Section 394/324/34 of the IPC, and has been sentenced to
undergo rigorous imprisonment for 7 years for the offence u/s 394/34 IPC
and is further sentenced to undergo rigorous imprisonment of 2 years for the
offence under Section 324/34 IPC. Both sentences were directed to run

1
“IPC”

CRL.A. 604/2025 Page 1 of 3

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concurrently. Further, he was directed to pay fine of Rs.5,000/- each for the
offence under section 394/34 IPC and in default serve simple imprisonment
of 3 months. Further, he was directed to pay fine of Rs.3,000/- each for the
offence under section 324/34 IPC and in default serve simple imprisonment
of 2 months.

2. In Sonadhar vs. State of Chattisgarh2 and Saudan Singh vs. The
State of Uttar Pradesh,3 the Supreme Court has observed that in cases other
than the ones concerning life sentences, broad parameter of 50% of actual
sentence undergone can be the basis of granting bail.

3. In Saudan Singh (supra) the Supreme Court inter alia held as under:

“7. We may note that there may be even convicts in custody in cases other than
life sentence cases and in those cases again the broad parameter of 50 per cent
of the actual sentence undergone can be the basis for grant of bail.”

4. As per nominal roll, as on 11th July, 2025, the Applicant has
undergone sentence of 03 years 05 months with total remission earned as 01
month and 15 days. The jail conduct of the Applicant for last one year has
been found to be satisfactory. The appeal is expected to take some time. If
the Appellant’s sentence is not suspended, there is a possibility that he will
serve the entire sentence before his appeal is heard, rendering the appeal
process a mere formality.

5. Considering the aforenoted decisions of the Supreme Court and the
fact that the Applicant has undergone more than 50% of the sentence
awarded and since the hearing of the appeal is likely to take some time, the
Court is inclined to suspend the sentence of the Applicant during the
pendency of the present appeal.

2

2021 SCC OnLine SC 3182

CRL.A. 604/2025 Page 2 of 3

This is a digitally signed order.

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6. Accordingly, the Appellant shall be released on bail, subject to him
furnishing a bail bond in the sum of INR 25,000/- with two sureties of the
like amount, subject to the satisfaction of the concerned Jail
Superintendent/Trial Court/ Duty MM on the following conditions:

(a) The Applicant shall, under no circumstance, leave the NCT of Delhi,
without permission of the Trial Court, during the period of his release;

(b) The Applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case or
tamper with the evidence of the case, in any manner whatsoever;

(c) The Applicant shall provide the address where he would be residing
after his release and shall not change the address without informing the
concerned IO/ SHO;

(d) The Applicant shall, upon his release, give his mobile number to the
concerned IO/SHO and shall keep his mobile phone switched on at all times.

(e) The Applicant shall not commit any offence during the period of his
release.

(f) The Applicant shall appear before the concerned Investigating Officer
on the first Monday of every month at 2 PM to mark his presence. However,
he shall not be kept waiting for longer than one hour for this purpose.

7. With the above directions, the application is disposed of.

8. The application is allowed in the afore-mentioned terms.

SANJEEV NARULA, J
JULY 21, 2025
d.negi

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2021 SCC OnLine SC 3259

CRL.A. 604/2025 Page 3 of 3

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 22/07/2025 at 22:12:27