Order 2

Order Details: COPY OF ORDER
Pdf Text: 7 CA / 201/2025
SAYEED Vs. STATE
FIR No. 56/2000
(Bhajan Pura)
07.11.2025
Present: Sh. Abhishek Pandey, Ld. Substitute Addl. PP for the
State/respondent.
Sh. S.N. Qureshi, Ld. Counsel for appellant through VC.
Sh. Shakher Chaudhary, Ld. Proxy counsel for appellant
alongwith appellant.
This is an appeal filed by the appellant assailing the
judgment dated 25.08.2025 and order on sentence dated 15.09.2025
passed by Ld. Trial Court in case FIR No. 56/2000, PS Bhajanpura,
whereby the present appellant/convict was convicted for commission u/s
411 IPC and was sentenced to undergo simple imprisonment for a period
of one year.
Today an application u/s 430 BNSS is also filed on behalf of
the appellant seeking suspension of sentence imposed upon the convict/
appellant as well as the stay for the execution of the impugned
judgment/order on sentence.
Further an application seeking condonation of delay was
also filed yesterday as the appeal is also stated to be filed with a delay of
2 days.
Submissions are heard on the application seeking
condonation of delay from both the sides.
Considering the submissions and also taking into account
that the period of limitation for filing the present appeal expired on
-- 1 of 3 --
15.10.2025, whereas, the present appeal has been filed on 17.10.2025
and there is only a delay of 2 days and the print out of the filing at
website of the District Court also reveals that the file for the purpose of
registration of the appeal was entered into on 15.10.2025 but the same
was finally submitted on 17.10.2025 and that there may be some
technical glitches relating to the uploading of the file as is also
contended in the application one of the ground for seeking condonation
and also considering the fact that no prejudice would be caused to the
State if the delay is condoned and appeal is heard on merits, the
application seeking condonation of delay stands allowed and
accordingly, the delay of two days in filing of the present appeal stands
condoned.
Accordingly, now the application for seeking suspension of
the sentence and stay of execution of the impugned order is also taken up
for hearing.
Considering the submissions and also taking into account
that the disposal of the appeal would still take considerable time,
application filed on behalf of appellant seeking suspension of sentence
and stay of the impugned judgment/order on sentence stands allowed.
Accordingly, the sentence imposed upon the convict vide impugned
orders as well as its execution stands stayed till the disposal of the
present appeal, subject to the condition that appellant/convict shall
furnish his personal bond in a sum of Rs. 10,000/- with one surety of like
amount before the Ld. Trial Court within 7 days from today.
Notice of the appeal is issued to the State and the same is
accepted by Ld. Substitute Addl. PP for the State on behalf of the State.
The Ld. Addl. PP is at liberty to file his reply, if any, to the
-- 2 of 3 --
present appeal by the NDOH with an advance copy to the opposite side.
Put up for filing of reply/arguments on the appeal
08.01.2026.
TCR be also summoned for the NDOH.
Copy of this order be also sent to the Ld. Trial Court for
necessary information.
(BALWINDER SINGH)
ASJ (FTC)/North-
East/KKD Courts/
Delhi/07.11.2025
-- 3 of 3 --