State v. Bobby @ Kishan Pal & ORS

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 447/2018 STATE .....Petitioner Through:

Ms. Richa Dhawan, APP for the State.

SI Sunil Kumar Sahu, PS Begumpura.

versus BOBBY @ KISHAN PAL & ORS .....Respondents Through:

Mr. Kunal Malhotra, Mr.

Ravinder Gaur & Mr.

Shivansh Bateja, Advs. for R-1.

Mr. Rajiv Ranjan Mishra & Ms. Suruchi Yadav, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 28.08.2025 CRL.M.A. 12815/2018 (for con delay of 71 days in filing the appeal).

1.

For the reasons stated in the application, the same is allowed and the delay of 71 days in filing the present appeal is condoned.

2.

The application stands disposed of.

CRL.L.P. 447/2018 3.

The present petition is filed seeking leave to appeal against the judgment dated 31.01.2018, passed by the learned Special Judge (NDPS), North District, Rohini Courts, Delhi, pursuant to which the respondents were acquitted for the offences under Sections 392/394/397/411/34 of the Indian Penal Code, 1860 and Sections 25/27 of the Arms Act, 1959.

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4.

The learned Additional Public Prosecutor for the State submits that the testimony of the victim has been discarded by the learned Trial Court by finding minor lacunae in the investigation. She submits that undisputedly the victim had suffered knife and stab injuries.

5.

The matter requires consideration.

6.

In view of the above, the leave to appeal is granted and the appeal be numbered as Criminal Appeal ............/2025 (to be numbered).

7.

The present petition is disposed of in the aforesaid terms. Criminal Appeal ............/2025 (to be numbered) 8.

The appeal is Admitted.

9.

List in due course.

10.

Respondents shall furnish personal bond each in the sum of ₹10,000/- with one surety each of the like amount, to the satisfaction of the Joint Registrar on 04.09.2025. 11.

Updated nominal roll be filed before the next date of hearing.

AMIT MAHAJAN, J AUGUST 28, 2025 "SK"

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 01/09/2025 at 12:01:58