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High Court of DelhiCRL.M.C./3360/2026

Somnath Gera v. State NCT Of Delhi & ANR.

2026-05-08Hon'Ble Mr. Justice Prateek Jalan3 pages

$~97 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3360/2026 & CRL.M.(BAIL) 913/2026 SOMNATH GERA .....Petitioner Through:

Mr. Ankit, Ms. Deepshikha, Mr.

Shankar Prajapati with Son of the petitioner versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Yudhvir Singh Chauhan, APP for State with SI Sandhaya, PS B.K.Road Mr. Roopenshu Pratap Singh, Mr.

Rishu Aggarwal, Mr.

Manish Sharma, Mr. Aditya Taneja and Mr.

Vikram Singh Kushwaha, Advocates for R-2/LIC

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 08.05.2026 1.

Pursuant to order dated 30.04.2026, Mr. Roopenshu Pratap Singh, learned counsel, has entered appearance on behalf of respondent No. 2 - LIC Housing Finance Limited.

2.

The sentence imposed upon the petitioner by the learned Metropolitan Magistrate by order dated 30.04.2024 was initially suspended by the learned Sessions Court by order dated 05.06.2024, subject to the condition that the petitioner shall deposit 20% of the fine/compensation amount awarded by the learned Metropolitan The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Magistrate by way of a Fixed Deposit Receipt ["FDR"] within a period of 60 days, and shall also furnish a bail bond in the sum of Rs. 50,000/- alongwith a surety of the like amount.

3.

However, the petitioner failed to deposit 20% of the fine/compensation amount within the time stipulated by the learned Sessions Court. The interim suspension of sentence was, therefore, revoked by order dated 07.04.2026, and he was taken into custody. 4.

Mr. Ankit, learned counsel for the petitioner, states that the said amount, quantified at Rs. 2,62,000/-, has since been deposited by way of a FDR issued on 17.04.2026. In this regard, the petitioner also moved an application dated 18.04.2026 before the learned Sessions Court seeking permission to place on record the said FDR and to enlarge him on bail. The said application was rejected by order dated 20.04.2026. A copy of the FDR to the tune of the aforesaid amount has been placed on record as Annexure I to the present petition.

5.

During the course of hearing, learned counsel for the parties jointly submit that the present petition may be disposed of in terms of the following directions:

a) The sentence imposed upon the petitioner shall be suspended, subject to the condition that the petitioner deposits a further 30% of the fine/compensation amount imposed by the learned Metropolitan Magistrate within a period of four weeks from today. b) The proceedings shall be listed before the learned Sessions Court on 12.05.2026, on which date the learned Sessions Court shall verify compliance with the condition regarding deposit of 20% of the fine/compensation amount by way of FDR. Upon such The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

verification, the petitioner shall be released on bail, subject to furnishing bail bond and surety bond in the sum of Rs. 50,000/- each, in terms of the order dated 05.06.2024, either on the basis of the bonds already furnished or, if so required by the learned Sessions Court, by furnishing fresh bonds of the same amount. c) The petitioner shall also undertake before the learned Sessions Court to deposit a further sum equivalent to 30% of the compensation amount within a period of four weeks from today, i.e., on or before 05.06.2026. It is further directed that in the event of failure to comply with the said condition, the interim suspension of sentence shall automatically stand revoked. d) In the event the respondent No.2 moves any application for release of the deposited amount, the learned Sessions Court may consider and decide the same, in accordance with law.

6.

The petition is disposed of in terms of the aforesaid directions. 7.

It is made clear that this Court has not expressed any opinion on the merits of the case or on any petition that may be filed by the petitioner hereafter, which shall be considered by the appropriate Court on its own merits, in accordance with law.

PRATEEK JALAN, J MAY 8, 2026 'SV'/SD/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.