Delhi High Court – Orders
Umar Khan vs The State N.C.T Of Delhi on 26 August, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~11 to 13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 824/2025
UMAR KHAN .....Appellant
Through: Mr. Mukesh Kalia, Mr. Chetan
Pangasa, Mr. Sunny Sharma, Mr.
Nikhil Sharma, Ms. Kanika Vohra
and Mr. Shivam Sharma, Advocates.
versus
THE STATE N.C.T OF DELHI .....Respondent
Through: Mr. Mukesh Kumar, APP for the
State.
SI Mohit Kumar, PS: Khyala.
Insp. Arvind Kumar, PS: Domestic
A.port.
Mr. Himanshu Anand Gupta, Mr.
Sidharth Barua, Mr. Shekhar Anand
Gupta, Ms. Navneet Kaur and Mr.
Mike Desai, Advocates for DSLSA.
Mr. Vijay Kasana, Mr. Gaurav
Verma, Mr. Chirag Verma and Mr.
Vaibhav Sharma, Advocates for the
Victim.
+ CRL.A. 884/2025
SHAHID KHAN .....Appellant
Through: Mr. Mukesh Kalia, Mr. Chetan
Pangasa, Mr. Sunny Sharma, Mr.
Nikhil Sharma, Ms. Kanika Vohra
and Mr. Shivam Sharma, Advocates.
versus
CRL.A. 824/2025 and connected matters Page 1 of 7
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THE STATE N.C.T OF DELHI .....Respondent
Through: Mr. Mukesh Kumar, APP for the
State.
SI Mohit Kumar, PS: Khyala.
Insp. Arvind Kumar, PS: Domestic
A.port.
Mr. Vijay Kasana, Mr. Gaurav
Verma, Mr. Chirag Verma and Mr.
Vaibhav Sharma, Advocates for the
Victim
+ CRL.A. 887/2025
BABAR KHAN .....Appellant
Through: Mr. Mukesh Kalia, Mr. Chetan
Pangasa, Mr. Sunny Sharma, Mr.
Nikhil Sharma, Ms. Kanika Vohra
and Mr. Shivam Sharma, Advocates.
versus
THE STATE N.C.T OF DELHI .....Respondent
Through: Mr. Mukesh Kumar, APP for the
State.
SI Mohit Kumar, PS: Khyala.
Insp. Arvind Kumar, PS: Domestic
A.port.
Mr. Vijay Kasana, Mr. Gaurav
Verma, Mr. Chirag Verma and Mr.
Vaibhav Sharma, Advocates for the
Victim.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 26.08.2025
CRL.M.(BAIL) 1265/2025 in CRL.A. 824/2025
CRL.M.(BAIL) 1651/2025 in CRL.A. 884/2025
CRL.A. 824/2025 and connected matters Page 2 of 7
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CRL.M.(BAIL) 1624/2025 in CRL.A. 887/2025
1. The above-captioned appeals under Section 415(2) and Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 20231 (formerly Section 374(2) and
428 of the Code of Criminal Procedure, 19732) assails common judgment of
conviction dated 16th April 2025 and order on sentence dated 28th May 2025
passed by ASJ-08, Tis Hazari Courts, Delhi in SC No.55944/2016 with
regard to FIR No. 108/2012 P.S. Khyala, under Sections 304(II)/323/34 IPC,
1860.3
2. The present applications under Section 430 of the BNSS (formerly
Section 389 of Cr.P.C.) seek suspension of sentence till the pendency of the
above-captioned appeal.
3. The Appellants were convicted for the aforementioned offences and
sentenced to undergo four years rigorous imprisonment. Additionally, Babar
Khan and Umar Khan were each sentenced to pay a fine of INR 20,000/-,
and in default of payment, to undergo simple imprisonment for a period of
one month. Shahid Khan was sentenced to pay a fine of INR 1,00,000/-, and
in default thereof, to undergo simple imprisonment for a period of six
months. Additionally, the Applicants have been sentenced for the offence
under Section 34 read with Section 323 IPC for a period of six months. Both
sentences are directed to run concurrently.
4. Mr. Mukesh Kalia, counsel for Appellants, submits that the incident
dated 21st May, 2012 resulted in registration of two FIRs, i.e., FIR No.
107/2012 and FIR No. 108/2012. FIR No. 107/2012, which was registered
1
“BNSS”
2
“Cr.P.C.”
3
“IPC”
CRL.A. 824/2025 and connected matters Page 3 of 7
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first in point of time, was lodged at the instance of the present Appellants,
wherein the prosecution witnesses in the present case were arrayed as
accused persons. However, it is submitted that FIR No. 108/2012, which
was registered subsequently, was selectively investigated by the police,
while the genesis of the entire incident, as captured in FIR No. 107/2012,
was deliberately suppressed.
5. He argues that the prosecution has grossly failed to explain the injury
suffered by the Appellant, Umar Khan, as documented in FIR No. 107/2012.
Mr. Kalia emphasises that unfortunately the trial in the said FIR could not be
brought to its logical conclusion as all the accused persons named therein
deceased during pendency of the proceedings and the trial abated in
accordance with law. In absence of any adjudication on merits, no findings,
observations or conclusions can be drawn to support the case of the
prosecution in the present FIR.
6. On the other hand, Mr. Mukesh Kumar, APP for the State and Mr.
Vijay Kasana, counsel representing the Complainant, strongly oppose the
applications. It is pointed out that the Appellants have not even undergone
50% of the sentence and moreover, the Trial Court has already extended the
maximum leniency permissible under the circumstances.
7. The Court has considered the aforenoted contentions. The grounds
raised by Mr. Kalia have merit, however, the same would have to be
considered extensively at the stage of final arguments. Mr. Kalia clarifies
that although Shahid Khan has two criminal cases pending against him,
namely FIR No. 157/23 and FIR No. 308/2023, he is currently out on bail in
both cases.
8. The present appeals pertain to the year 2025 and the final hearing of
CRL.A. 824/2025 and connected matters Page 4 of 7
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such appeal is likely to take some time. The Appellants were on bail
throughout the proceedings before the Trial Court. As per the nominal rolls,
the sentence already undergone by Babar Khan is 1 year and 6 days; by
Shahid Khan, 11 months; and by Umar Khan, 9 months and 12 days.
Considering that the total sentence awarded to each of the Appellants is four
years, the unexpired portion of the sentence is approximately 2 years, 11
months, and 18 days for Babar Khan; 3 years and 18 days for Shahid Khan;
and 3 years, 2 months, and 15 days for Umar Khan.
9. The Supreme Court, in Aasif v. State of U.P.,4 observed that in cases
where the sentence awarded is of limited duration and the appellate court
finds that, for practical reasons, the appeal cannot be disposed of
expeditiously, special concern must be shown in the matter of suspending
the sentence so as to ensure that the right of appeal remains meaningful and
effective.
10. Considering the above, in the opinion of the Court, if the Appellants’
sentence is not suspended, the tangible relief sought in the present appeals
would be rendered infructuous.
11. Accordingly, having regard to the overall facts and circumstances of
the case, the Appellants shall be released on bail, subject to them depositing
their respective fine amounts before the Trial Court and furnishing a bail
bond in the sum of INR 25,000/- with one surety of the like amount each,
subject to the satisfaction of the concerned Jail Superintendent/Trial Court/
Duty MM on the following conditions:
(a) The Applicants shall, under no circumstance, leave the NCT of Delhi,
without permission of the Trial Court, during the period of their release;
CRL.A. 824/2025 and connected matters Page 5 of 7
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(b) The Applicants 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 Applicants shall provide the address where they would be
residing after their release and shall not change the address without
informing the concerned IO/ SHO;
(d) The Applicants shall, upon their release, give their mobile number to
the concerned IO/SHO and shall keep their mobile phones switched on at all
times.
(e) The Applicants shall not commit any offence during the period of
their release.
(f) The Applicants shall appear before the concerned Investigating
Officer on the first Monday of every month at 2 PM to mark their presence.
However, they shall not be kept waiting for longer than one hour for this
purpose.
12. With the above directions, the applications are disposed of.
13. The applications are allowed in the afore-mentioned terms.
CRL.A. 824/2025
CRL.A. 884/2025
CRL.A. 887/2025
14. Further, interim report has been received from the State Legal
Services Authority. As per the report, the proceedings are pending before the
Secretary (West), DLSA and certain formalities for disbursement of the
compensation amount to the victim are being finalised.
15. Counsel representing the victim states that necessary documents shall
4
2025 SCC OnLine SC 1644
CRL.A. 824/2025 and connected matters Page 6 of 7
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be furnished before the concerned Secretary.
16. Fresh status report be furnished by DLSA for the perusal of the Court
before the next date of hearing.
17. List for hearing on 08th December, 2025.
SANJEEV NARULA, J
AUGUST 26, 2025
d.negi
CRL.A. 824/2025 and connected matters Page 7 of 7
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 27/08/2025 at 22:24:23
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