$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1227/2024 MUMTAZ KHAN .....Appellant Through: M. Zeeshan Diwan, Advocate (DHCLSC) with Mr. Harsh, Advocate versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for State with SI Sonal Raj CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

O R D E R

% 05.02.2026 CRL.M.(BAIL). 258/2026

1. The present application has been filed under Section 430 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita on behalf of the appellant seeking extension of interim suspension of sentence granted vide order dated 25.09.2025.

2. It is submitted by the learned counsel for the appellant that the appellant is the sole bread earner of the family and that the present season being the wedding season; he would be able to earn his livelihood, which would help his family.

3. Issue notice.

4. The learned Additional Public Prosecutor accepts notice on behalf of the respondent-State and opposes the present application. He submits that the interim order is being extended from time to time for one reason or the other and that more than sufficient time had already been granted and hence no further extension is called for. He also brings to my notice that the application for suspension of sentence that was earlier moved by the appellant has been dismissed on merits. He, therefore, submits that there is no further ground for extending the period of interim bail.

5. Heard both sides.

6. The initial order of suspension was granted as per order dated 25.09.2025 on medical grounds of the appellant’s wife. It is informed that the surgery of the appellant’s wife has already been performed. The reason cited for extension that the appellant will be able to earn maximum during this period, cannot be accepted, as the appellant has been convicted and is serving the sentence. No further extension of interim order can be granted on the said ground.

7. Accordingly, the appellant shall surrender by 10:30 a.m.

on 09.02.2026 before the Jail Superintendent concerned.

8. The application stands disposed of.

CRL.A. 1227/2024 List for hearing on 10.04.2026.

CHANDRASEKHARAN SUDHA, J FEBRUARY 5, 2026 p’ma