SURENDER @ SONU vs THE STATE (NCT OF DELHI)

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of reserving Judgment: 6th January, 2026 Date of decision: 6th February, 2026 IN THE MATTER OF: CRL.A. 330/2003 SURENDER @ SONU .....Appellant Through: Mr. K.P. Mavi Advocate. versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Mukesh Kumar, APP for State. CORAM: HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT VIMAL KUMAR YADAV, J. 1. Only two fold arguments have been put forth on behalf of Appellant Surender @ Sonu, first disputing his arrest at the spot and thereby putting a question mark about the complicity of the Appellant and the second limb of the argument is with regard to the applicability of Section 360 of the Code of Criminal Procedure (‘Cr.P.C.’), that the Appellant should have been rather must have been considered for grant of the benefit of probation. 2. In support of the latter argument, the learned counsel for the Appellant has placed reliance on the judgment Hira Lal @ Vicky vs. State, 2002(65) DRJ 37, to the effect that in case of a youthful first offender, the benefit of probation has to be necessarily extended as was the case with the Appellant herein. 3. Before adverting into the further details, arguments