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IN THE HIGH COURT OF DELHI AT NEW DELHI
BILAL AHMAD MIR ALIAS BILAL MIR ALIAS BILLA – Appellant
Versus
NATIONAL INVESTIGATING AGENCY NEW DELHI – Respondent
JUDGMENT :
MANOJ JAIN, J.
1. “Just Deserts” is the question posed to us.
2. There are five appeals before us.
3. All the appellants were arraigned as accused in case RC No.08/2019/NIA/DLI. When the learned Trial Court heard arguments and ascertained the charges, they all pleaded guilty.
4. They were accordingly convicted for various offences under IPC [Indian Penal Code 1860] and UAPA [Unlawful Activities (Prevention) Act, 1967]
5. Arguments on sentence were heard and they all were sentenced vide order dated 28.11.2022.
6. Such order, related to quantum of sentence, is under challenge before us.
7. We may highlight right here that in four appeals [CRL.A. 53/2023, 54/2023, 56/2023 & 57/2023], the appellants
8. However, with respect to appellant Ishfaq Ahmad Bhat (A-7), when the appeal was filed under Section 21 of the National Investigation Agency Act (NIA Act), he challenged the legality of conviction as well, contending that the Trial Court had proceeded on the alleged plea of guilt in a mechanical manner. He asserted
The court reaffirms that sentencing must balance the severity of the offence with mitigating factors and the potential for rehabilitation of the accused, reducing excessive life sentences in consider....
The discretion of trial courts in sentencing should only be interfered with on manifest inadequacy; this discretion encompasses proportionality to the crime committed.
The court upheld the denial of bail for certain accused under the UA[P] Act, emphasizing the prima facie truth of serious charges and the right to a speedy trial, balancing individual liberty against....
Bail under UAPA is an exception; serious charges and prima facie evidence against the accused justify denial of bail.
A guilty plea must be voluntary, based on informed understanding of charges, and clearly admit guilt for it to be valid under criminal procedure.
The court reclassified the conviction for culpable homicide not amounting to murder due to lack of intent, emphasizing knowledge of likely death suffices under IPC Section 304 (Part-II).
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