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RAKESH KUMAR @ DALU v. STATE NCT OF DELHI

Supreme Court of India | Diary 10062/2024

Status

ROP - of Main Case

Decided On

04-09-2025

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA and HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

RAKESH KUMAR @ DALU

Respondent

STATE NCT OF DELHI

Primary Holding

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Full Judgment Text

ITEM NO.22 REGISTRAR COURT. 1 SECTION II-D S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Criminal Appeal No(s). 2565/2024 RAKESH KUMAR @ DALU Appellant(s) VERSUS STATE NCT OF DELHI Respondent(s) Date : 04-09-2025 This appeal was called on for hearing today. For Appellant(s) : Mr. Prem Malhotra, AOR For Respondent(s) : Mrs. Anamika Agrawal, Adv. Mr. Mukesh Kumar Maroria, AOR UPON hearing the counsel the Court made the following O R D E R Sole respondent has already filed reply. Scanned/digitized copies of High Court and Trial Court records have been received. Let the same be provided to the Ld. counsels for both the parties in light of Circular dt.10.01.2025. Registry to process the matter for listing before the Hon'ble Court as per rules. SUJATA SINGH Registrar HJ

ITEM NO.28 REGISTRAR COURT. 1 SECTION II-D S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Criminal Appeal No(s). 2565/2024 RAKESH KUMAR @ DALU Appellant(s) VERSUS STATE NCT OF DELHI Respondent(s) Date : 28-07-2025 This appeal was called on for hearing today. For Appellant(s) : Mr. Prem Malhotra, AOR For Respondent(s) : Mr. Rakesh Soni, Adv. Mr Rakesh Kumar Soni, Adv. Mr. Mukesh Kumar Maroria, AOR UPON hearing the counsel the Court made the following O R D E R Ld. Counsel for the appellant has sought time to file additional documents. Be filed in the meantime. Sole respondent has filed reply. Scanned soft copies of High Court and Trial Court records are still awaited despite reminder. Issue D.O. Letter. List again on 04.09.2025. SUJATA SINGH Registrar HJ

ITEM NO.36 REGISTRAR COURT SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Criminal Appeal No(s). 2565/2024 RAKESH KUMAR @ DALU Appellant(s) VERSUS STATE NCT OF DELHI Respondent(s) Date : 30-04-2025 This appeal was called on for hearing today. For Appellant(s) : Mr. Prem Malhotra, AOR For Respondent(s) : Ms. Archana Sharma, Adv. Mr. Mukesh Kumar Maroria, AOR UPON hearing the counsel the Court made the following O R D E R Sole respondent has filed counter affidavit. Digitized/scanned Records of the High Court have been received but scanned/digitized Trial Court records are still awaited. Reminder be issued. List again on 28.07.2025. SUJATA SINGH Registrar HJ

ITEM NO.31 REGISTRAR COURT SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Criminal Appeal No(s). 2565/2024 RAKESH KUMAR @ DALU Appellant(s) VERSUS STATE NCT OF DELHI Respondent(s) Date : 17-03-2025 This appeal was called on for hearing today. For Appellant(s) : Mr. Prem Malhotra, AOR For Respondent(s) : Ms. Seema Patnaha, Adv. Mr. Mukesh Kumar Maroria, AOR UPON hearing the counsel the Court made the following O R D E R Sole appellant is duly represented now. Counter affidavit has already been filed by the sole respondent. Scanned soft copies of original records from High Court and Trial Court are still awaited. List again on 30.04.2025. SUJATA SINGH rd Registrar

ITEM NO.44 REGISTRAR COURT SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Criminal Appeal No(s). 2565/2024 RAKESH KUMAR @ DALU Appellant(s) VERSUS STATE NCT OF DELHI Respondent(s) Date : 04-11-2024 This appeal was called on for hearing today. For Appellant(s) For Respondent(s) Ms. Smriti Kumari, Adv. Mr. Mukesh Kumar Maroria, AOR UPON hearing the counsel the Court made the following O R D E R Sole respondent has filed counter affidavit. Await original records from High Court and Trial court. Issue D.O. Service of notice of alternative arrangement(counsel designated as Senior Advocate) is complete on the sole appellant but none has entered appearance. Registry to process the matter for listing before the Hon’ble Judge in Chambers for non-representation on behalf of the appellant. SUJATA SINGH Registrar HJ

ITEM NO.40 COURT NO.6 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRIMINAL APPEAL NO.2565/2024 RAKESH KUMAR @ DALU Appellant(s) VERSUS STATE NCT OF DELHI Respondent(s) (ONLY PRAYER FOR INTERIM RELIEF IS LISTED) Date : 12-07-2024 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Appellant(s) Mr. Rishi Malhotra, AOR For Respondent(s) Mrs. Aishwariya Bahti, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mrs. Suhashini Sen, Adv. Mr. Rajesh Kr. Singh, Adv. Mr. Subhranshu Padhi, Adv. Mrs. Archana Pathak Dave, Adv. Mr. Gurang Bhushan, Adv. Mr. Kamal Kishor, Adv. UPON hearing the counsel the Court made the following O R D E R Heard learned counsel appearing for the parties. Leave has been granted vide order dated 10 th May, 2024. The appellant has undergone incarceration for a period of more than 12 years. A grievance is made by learned counsel appearing for the State that in the year 2017, the appellant had jumped the parole and he was required to be arrested. We find that in year 2023, parole and furlough was granted to the appellant and he had returned within time. 1

Hence, a case is made out for suspension of sentence especially when no antecedent of the appellant is brought on record. Accordingly, substantive sentence stands suspended and appellant shall be enlarged on bail till the disposal of the appeal. For that purpose, w e direct that the appellant shall be produced before the Trial Court within a maximum period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the disposal of the appeal. The prayer for interim relief is accordingly disposed of. (KAVITA PAHUJA) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 2

ITEM NO.44 COURT NO.7 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No.10062/2024 (Arising out of impugned final judgment and order dated 10-02-2016 in CRA No. 831/2015 passed by the High Court Of Delhi At New Delhi) RAKESH KUMAR @ DALU Petitioner(s) VERSUS STATE NCT OF DELHI Respondent(s) (IA No.78666/2024-CONDONATION OF DELAY IN FILING ) Date : 10-05-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Rishi Malhotra, AOR For Respondent(s) Mrs. Aishwariya Bahti, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mrs. Suhashini Sen, Adv. Mr. Rajesh Kr. Singh, Adv. Mr. Subhranshu Padhi, Adv. Mrs. Archana Pathak Dave, Adv. Mr. Gurang Bhushan, Adv. Mr. Kamal Kishor, Adv. UPON hearing the counsel the Court made the following O R D E R Delay condoned. Leave granted. List the appeal for hearing on prayer for interim relief on 12 th July, 2024. (KAVITA PAHUJA) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.22 COURT NO.8 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10062/2024 (Arising out of impugned final judgment and order dated 10-02-2016 in CRA No. 831/2015 passed by the High Court of Delhi at New Delhi) RAKESH KUMAR @ DALU Petitioner(s) VERSUS STATE NCT OF DELHI Respondent(s) (IA No.78666/2024-CONDONATION OF DELAY IN FILING and IA No.78675/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 08-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Rishi Malhotra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing a certified copy of the impugned judgment is allowed. Issue notice on the application for condonation of delay as well as on the Special Leave Petition returnable on 10 th May, 2024. Liberty is granted to serve the standing counsel for the respondent-State, in addition. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER

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