Bal Kishan v. State of NCT of Delhi

O R D E R %

07.11.2024 CRL.M.A. 33318/2024 Exemption allowed, subject to just exceptions. Application stands disposed of. CRL.M.C. 8710/2024, CRL.M.A. 33319/2024

¶1Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of the petitioner for setting aside order dated 19.10.2024 passed by learned ASJ-03, Saket courts Complex, New Delhi in CRL. APPEAL 252/2024 (FIR No. 262/2008 under Sections 354/452/506/509 IPC registered at P.S.: Lajpat Nagar).

¶2Learned APP for the State appears on advance notice.

¶3In brief, vide judgment dated 14.08.2024, petitioner was convicted by learned trial court under Sections 354/506(II)/451 IPC. Further vide order dated 10.07.2024, the prayer of petitioner for releasing him on probation was declined. Thereupon, petitioner preferred an appeal before the learned This is a digitally signed order. Appellate Court challenging aforesaid order dated 10.07.2024 which was dismissed vide impugned order dated 19.10.2024, observing that the appeal is premature having been preferred prior to passing of order on point of sentence by learned MM.

¶4At this stage, learned counsel for petitioner seeks to withdraw the petition subject to condition that observations in the impugned order dated

19.10.2024 passed by the learned Appellate Court shall not prejudice the rights and contentions of the petitioner on the point of sentence before the learned Trial Court or before the Appellate Court, if the order on sentence is challenged.

¶5Taking the statement of learned counsel for petitioner on record, petition is accordingly disposed of. The observations in impugned order dated 19.10.2024 passed by the learned Appellate Court shall not prejudice the rights and contentions of the petitioner on the point of sentence before the learned Trial Court or before the Appellate Court, if the order on sentence is challenged. Pending applications, if any, stand disposed of.

ANOOP KUMAR MENDIRATTA, J. NOVEMBER 07, 2024/p This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8710/2024, CRL.M.A. 33319/2024 BAL KISHAN .....Petitioner Through: Mr. Tarun Chandiok and Ms. Ambhi Goyal, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Satinder Singh Bawa, APP for the State with SI Ravi Yadav, PS Lajpat Nagar. CORAM: HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA