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2026 Supreme(Online)(Del) 4100

IN THE HIGH COURT OF DELHI AT NEW DELHI
AVTAR @ BOBY VS. STATE NCT OF DELHI
CRL.A. 470/2024



$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 470/2024 SONU .....Appellant Through: Mr. Himanshu Anand Gupta, (DSLSA)

Ms. Mansi Yadav, Mr. Siddharth Barwa, Mr. Shekhar Anand Gupta, Mr. Mike Desi, Mr. Navneet Kaur, and Ms.

Shivani Rampal, Advs.

Mr. Himanshu A., Mr. Yashvir Maurya and Mr. Alok Yadav, Advs.

versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Pradeep Gehlot, APP for the State Mr. Sowjhanya Shankaran, Mr. Akash Sachan, Ms. Anuka Bachawat and Ms.

Charu Sinha, Advs. For victim CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

O R D E R

% 13.02.2026 CRL.M.(BAIL) 167/2026

1. This is an application under section 430(1) read with 528 Bharatiya Nagarik Suraksha Sanhita, 2023 seeking interim suspension of sentence for a period of four weeks on the grounds of death anniversary of his mother coming up on 21.02.2026.

2. The application is opposed by learned Additional Public Prosecutor who draws my attention to the order dated 05.03.2025 which reads as under:-

“2. The present application under Section 389 of the Cr.P.C. along with Section 430 of the BNSS seeks the following prayers:-

“a. Allow the present application for interim suspension of'

sentence and may kindly release the applicant/appellant on interim bail for a period of Thirty (30) days in the above mentioned pending appeal.

b. pass such other order or further order(s ) as deems fit on the fact and circumstances of the ca e and in the interest of justice.”

3. Status report dated 05.03.2025 has been filed and the same is taken on record. In the Status Report it is mentioned that in terms of the statement of Pushpa, i.e. sister of the present applicant, tehrvi of applicant’s mother is fixed for today.

4. In these circumstances, learned counsel appearing on behalf of the applicant submits that in the alternate the applicant may be sent in judicial custody to his residence tomorrow to meet his family.

5. Accordingly, the Jail Superintendent is directed to take the applicant in judicial custody in accordance with law at his residence i.e. C-1452, Jahangirpuri, Delhi as per rules. It is made clear that the personnels accompanying the present applicant shall be in civil clothes. 6. The application is disposed of.

7. The order be communicated to the concerned Jail Superintendent immediately for necessary information and compliance.

8. Order be uploaded on the website of this Court, forthwith, 3. In such circumstances, the interim suspension is granted for a day i.e., the Jail Superintendent is directed to release him by 5:30 PM on 20.02.2026 on execution of a personal bond of ₹15,000/- to the satisfaction of Jail Superintendent Concerned of the trial court, subject to the following conditions:-

(i) The appellant /accused shall report before the authority concerned by 05:30PM on 21.01.2026.

(ii) The appellant shall provide his mobile number and residential address to the Station House Officer (SHO) concerned, on which he shall remain available. In case of change of his mobile number or residential address, the appellant shall promptly inform the SHO concerned as well as this Court.

(iii) The appellant shall not directly/indirectly contact the victim or any of the other prosecution witnesses.

(iv) Needless to say, in the event of violation of any of the aforementioned condition(s), the suspension of sentence granted shall forthwith stand cancelled.

4. With the above directions, the application is disposed of.

5. A copy of this order be communicated electronically to the Jail Superintendent concerned for information and compliance.

CRL.A. 470/2024

6. Learned counsel for the DSLSA submits that the compensation as ordered by the trial court has been disbursed to the victim in this case. He, therefore, seeks discharge from the present case.

7. Learned counsel for the DSLSA stands discharged.

8. List for hearing on 06.07.2026.

CHANDRASEKHARAN SUDHA, J FEBRUARY 13, 2026/rr

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