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ABHAY S. OKA, UJJAL BHUYAN
Sudershan Singh Wazir – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT :
(Abhay S. Oka, J.)
FACTUAL ASPECTS
1. The appellant was arraigned as an accused in connection with a First Information Report (for short, ‘the FIR’) for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’). He was not named in the FIR and was formally arraigned as an accused in the 3rd Supplementary Chargesheet under Section 302, 201, 34, 120B IPC read with 25, 27 of the Arms Act. The learned Additional Sessions Judge passed an order dated 20th October 2023 discharging the present appellant in connection with all the offences subject to furnishing a personal bond in the sum of Rs.25,000/- with one surety of like amount to the satisfaction of the Jail Superintendent. Pursuant to the said order of discharge, the appellant was released from custody on the same day after he furnished the bond.
2. A revision application was filed by the first respondent- NCT of Delhi, challenging the order of discharge before the High Court of Delhi. A prayer was made in the revision application for stay of the order of discharge. By the first impugned order dated 21st October 2023, while issuing a notice in the revision application, the l
The High Court's power to stay a discharge order must be exercised cautiously, as it significantly impacts the accused's liberty, requiring exceptional circumstances for such action.
The court emphasized the limited scope of the court's jurisdiction under the Criminal Procedure Code at the stage of framing of charges, highlighting the need to accept the material brought on record....
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
The main legal point established in the judgment is the entitlement to statutory bail under Section 167(2) of Cr.P.C. and the distinction between pre-cognizance and post-cognizance stages in determin....
The court held that the discretion to suspend a sentence post-conviction must be exercised judiciously, considering the nature of the offence and the likelihood of appeal success.
A retrial ordered in an appeal against conviction is impermissible without a request from the convict, reaffirming that appellate courts cannot enhance sentences absent an appeal from other parties.
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