SHIV KUMAR @ BHAGGU vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 04.11.2025 % Pronounced on: 07.11.2025 + CRL.A.188/2016 SHIV KUMAR @ BHAGGU .....Appellant Through: Mr. Saurabh Kansal, Advocate versus STATE .....Respondent Through: Mr. Pradeep Gahalot, APP for State CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. Aggrieved by the judgment of conviction and order on sentence dated 02.04.2012 passed by the learned ASJ-Special Judge (NDPS), West Delhi in Sessions Case No.69/10, the appellant has challenged the same by filing the present appeal. The appellant was convicted and sentenced to undergo R.I. for 3 months under Section 186 IPC & a fine of Rs. 200/- and in default of payment of fine, further S.I. of 3 days; R.I. for 2 years under Section 353 IPC & a fine of Rs. 500/- and in default of payment of fine, further S.I. of 7 days; R.I. for 5 years under Section 326 IPC & a fine of Rs. 1,000/- and in default of payment of fine, further S.I. of 15 days; and R.I for 5 years under Section 333 IPC & a fine of Rs.1,000/- and in default of payment of fine, further S.I. of 15 days. 2. Notably, as per the nominal roll placed on record, the appellant, on completion of substantive and default sentence, was released on 19.11.2016. Signature Not Verified Digitally Signed CRL.A. 188/2016 Page 1 of 6 By:NIJAMUDDEE N ANSARI 3. Learned APP for the State has submitted that despite efforts made, the appellant has remained untraceable. In view thereof, the Court has proceeded to hear the submissions on merits. 4. The factual background, as borne out from the record, is that the present FIR i.e., FIR No.395/10 came to be registered on 05.10.2010 on the complaint of one Dr. Ganesh Adhikari, who stated that on the night of 04.10.2010, he was examining patients in the casualty room of the DDU Hos