AMITESH HARMUKH vs UNION OF INDIA AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 10.09.2025 Judgment pronounced on: 25.09.2025 + W.P.(C) 8609/2024 AMITESH HARMUKH .....Petitioner Through: Ms. Maitrayee Das Gupta, Mr. Abhishek Kukkar and Mr. Mohit Kumar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Ishkaran Singh Bhandari and Mr. Piyush Yadav, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 25.09.2025 OM PRAKASH SHUKLA, J. INTRODUCTION 1. The present writ petition has been filed under Article 226 of the Constitution of India challenging the impugned order dated 22.03.2024 passed by the learned Armed Forces Tribunal1, Principal Bench at New Delhi, whereby the learned AFT refused to suspend the sentence of rigorous imprisonment for ten years and release the petitioner on bail pending appeal before the learned AFT. 2. Briefly stating, the petitioner was commissioned in the Indian Air Force2 on 19.12.2015 as a Fighter Controller and after 1 “AFT” hereinafter 2 “IAF” hereinafter Signature Not Verified Signed By:PREETI W.P.(C) 8609/2024 Page 1 of 30 Signing Date:25.09.2025 15:53:02 approximately six years of service, he came to be posted to the Air Force Administrative College at Coimbatore in August of 2021 to undertake the 2 Professional Knowledge Course (“2PKC”). 3. It has been stated that on 09.09.2021, a party was held at the AFAC Officers’ Mess, which was attended by the petitioner and Ms. X3 along with their other course-mates. Earlier that evening, the prosecutrix had sustained an ankle injury while playing basketball and was prescribed “Combiflam” tablet and “Diclofenac gel” and a crepe bandage was applied on her ankle. It is the case of the prosecution that the prosecutrix consumed alcohol along with the medicat