SUBHAN vs STATE (GNCT) OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 23.07.2025 Pronounced on : 28.07.2024 + CRL.A. 521/2003 SUBHAN .....Appellant Through: Mr. Gaurav Sharma, Ms Sakshi Jha and Ms. Aakanksha Sharma, Advs. versus STATE (GNCT) OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for State with SI Komal, P.S. Subhash Place. + CRL.A. 551/2003 MASOOM .....Appellant Through: Mr. Gaurav Sharma, Ms Sakshi Jha and Ms. Aakanksha Sharma, Advs. versus THE STATE OF NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for State with SI Komal, P.S. Subhash Place. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The appellants have instituted the present appeals seeking setting aside of the impugned judgment of conviction dated 24.02.2003 and order on sentence dated 25.02.2003 passed in Sessions Case No.110/1999 arising out of the FIR No.238/1999 under Sections 395/397/398/411/34 IPC Signature Not Verified CRL.A. 521/2003 & CRL.A. 551/2003 Page Signed1 of 8 By:GAUTAM ASWAL Signing Date:28.07.2025 18:10:49 registered at PS Saraswati Vihar, Delhi. 2. As the present appeals arise out of the same impugned judgement and common submissions have been addressed on behalf of both the appellants, both the appeals are decided by a common judgment. Notably, along with the present appellants, another convict Jahangir @ Afzal @ Rakesh also impugned the judgment of conviction vide Crl. Appeal No. 276/2003, which was dismissed for non-prosecution by the Coordinate Bench of this Court vide order dated 06.09.2009. At this stage, it is pertinent to note that the sentence of the appellants Subhan and Masoom was suspended vide orders dated 19.02.2004 and 10.05.2005 respectively, whereafter they failed to appear before this Court and despite notices issued to the appellants as well as