Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF ASJ/SPECIAL JUDGE/NDPS
PATIALA HOUSE COURTS, NEW DELHI
Presided by: Sudhir Kumar Sirohi, DHJS
Cr. Appl No. 146/2025
M/s Ved Communication Vs. M/s HT Media Limited
08.05.2025
Present: Appellant with Ld. Counsel Ms.Rashi Bansal and
Ms. Dipti Thapa.
Mr. Amit Bajaj, Ld. Counsel for respondent.
Memo of appearance has been filed on behalf of
respondent. Be taken on record.
An application has been filed on behalf of appellant
for condonation of delay in filing the appeal submitting that e-copy
of appeal was filed on 25.04.2025 and the copy of the screen shot
has been attached alongwith application. Copy of the application
supplied to other party. Submissions heard.
Ld. Counsel for respondent submitted that it can not
be verified what was filed by Ld. Counsel for appellant as the
affidavit attached with the appeal is dated 21.02.2025 and on that
day order on sentence was not passed in the present matter and the
same was passed on 26.03.2025.
Ld. Counsel for appellant submitted that the judgment
was passed by Ld. Trial Court on 22.01.2025 and the appellant was
residing in Mumbai, therefore, the affidavit was got signed by her
and appeal was prepared on the basis of judgment, though order on
sentence was passed later on and she will file proper affidavit of the
appellant. Submissions be taken on record.
The order on sentence was passed on 26.03.2025 and
the appeal as per e-filing data has been filed on 25.04.2025,
therefore, without further going into these contentions, the appeal is
Contd..
-- 1 of 2 --
-2-
within limitation period. Appellant is directed to file proper
affidavit w.r.t. appeal on next date.
Ld. Counsel for appellant is directed to supply copy of
appeal to Ld. Counsel for respondent within 3 working days and to
file the proof of the same in court on next date.
An appeal has been filed against the judgment dated
22.01.2025 and order on sentence dated 26.03.2025 passed by Ld.
JMFC, NI Act-02, PHC. Vide said judgment and order on sentence,
accused/appellant has been convicted and sentenced to pay fine of
Rs. 36 lakhs and in default payment of fine, simple imprisonment
for 1 month.
An application has been filed u/s 389 CrPC/430BNSS
on behalf of appellant submitting that sentence may be suspended
during the period of appeal.
As the appeal has been preferred by the appellant
within stipulated time of 30 days, therefore, sentence of accused is
suspended and accused is admitted to bail on furnishing personal
bond in the sum of Rs. 50,000/- with one surety of like amount
subject to the satisfaction of concerned Ld. JMFC/Ld. Link JMFC
till disposal of the appeal within 3 days and further subject to
deposit of 20% of the amount of Rs. 36,00,000/- before concerned
Ld. JMFC within 25 days from today.
Issue notice to the appeal to respondent on filing of
PF within 7 days.
TCR be requisitioned for NDOH.
List this appeal on 04.06.2025.
Copy of this order be given dasti as well as be sent to
Ld. Trial Court.
(Sudhir Kumar Sirohi)
ASJ/Spl. Judge, NDPS/N. Delhi
08.05.2025
-- 2 of 2 --