AFZAL @ TOTLA vs STATE (NCT OF DELHI)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17th December, 2025 Pronounced on: 24th February, 2026 CRL.A. 730/2025, CRL.M.(BAIL) 1141/2025 AFZAL @ TOTLA S/o Shri Mohd. Ahmad, R/o Jhuggi No.T-34, Andheria More, Near Pankhe Wali Masjid, Mehrauli, Delhi. (Currently lodged at Central Jail No. 01, Tihar, Delhi) ....Appellant Through: Mr. Archit Upadhayay, Mr. Piyush Gautam and Ms. Muskan Aggarwal, Advocates versus STATE (NCT OF DELHI) Through SHO, PS: INA Metro, Delhi. .....Respondent Through: Mr. Utkarsh, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Criminal Appeal under Section 415(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as „B.N.S.S.‟) has been filed on behalf of the Appellant Afzal @ Totla, against Judgment dated 01.04.2025 whereby the Appellant was convicted under Sections 411/413/414 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟) and Order on Sentence dated 08.04.2025 passed by Learned CRL.A.730/2025 2. The case of the Prosecution is that on 14.02.2020, Complainant Cherkal Muhammed Ashraf made an e-FIR regarding theft of mobile