Rajan vs State

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment Reserved on: 07.05.2026
Judgment pronounced on: 12.05.2026
+ CRL.A. 1195/2019
RAJAN .....Appellant
Through: Mr. Shannu Baghel, Ms. Sonam
Tomar and Mr. Ganpat Ram,
Advocates along with appellant’s
wife in person.
versus
STATE .....Respondent
Through: Mr. Utkarsh, APP for the State.
Mr. Harsh Prabhakar, Advocate
(DHCLSC) with Mr. Dhruv
Chaudhary, Mr. Shubham Sourav and
Mr. Vijit Singh, Advocates for victim
CORAM:
HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA
JUDGMENT
CHANDRASEKHARAN SUDHA, J.
CRL.M.(BAIL) 920/2026 in CRL.A. 1195/2019
1. This application under Section 389 of the Code of
Criminal Procedure (the Cr.PC.) has been filed by the appellant,
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Signed By:KOMAL
DHAWAN
Signing Date:12.05.2026
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accused No. 1 (A1), in SC No.1345/2016 on the file of the
Additional Sessions Judge (ASJ-07, POCSO), Special Court,
South-East District, Saket Courts, New Delhi, seeking interim
suspension of sentence for 8 weeks to enable him to attend and
take care of his mother during her surgery scheduled on
09.05.2026 and her post operative surgery.
2. As per the impugned judgment dated 30.08.2019, the
applicant/appellant herein has been found guilty of the offences
punishable under Sections 376(2)(g), 342, 506 read with 34 of the
Indian Penal Code, 1860 (the IPC). Vide the order on sentence
dated 07.09.2019, he has been sentenced to undergo rigorous
imprisonment for a period of 20 years and fine of ₹30,000 and in
default of payment of fine, simple imprisonment of 1 year for the
offence punishable under Section 376(2)(g) IPC; simple
imprisonment of 1 year for the offence punishable under Section
342 IPC read with 34 IPC and simple imprisonment of 2 years for
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DHAWAN
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the offence punishable under Section 506 IPC. The sentences have
been directed to run concurrently. Hence, the maximum period of
imprisonment to be served is twenty years.
3. The prosecution case is that on the intervening night of
21.06.2010 and 22.06.2010, at House No. RZ-316, Tughlakabad
Extension, New Delhi, accused no. 1/appellant herein along with
accused no. 2, criminally intimidated and, wrongfully confined the
victim aged 14 years old and then committed gang rape on her.
4. It was submitted by the learned counsel for the
applicant/appellant that the applicant’s mother is suffering from
gall bladder stone/cholelithiasis and her surgery is scheduled to be
done on 09.05.2026. He is the only son and there is no other
effective family support available to attend to her during the pre-
operative and post-operative period. Annexure A-1, establishes the
seriousness of the applicant/appellant’s mother’s condition and the
urgency of his presence.
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DHAWAN
Signing Date:12.05.2026
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5. The application is opposed by the learned Additional
Public Prosecutor (APP), who submitted that no sufficient grounds
have been made out by the appellant in this application and that the
appellant has been repeatedly seeking the relief of interim
suspension on similar grounds. The learned Additional Public
Prosecutor drew the attention of this Court to the various
applications moved by the applicant/appellant and the orders
thereon. Hence, it was submitted that there is no bona fides in the
present application and so the same is liable to be dismissed with
costs.
6. Heard both sides.
7. In order to dispose the application on hand, it is necessary
to refer to the earlier applications moved and the orders passed on
the same. CRL.M.B. No.1831/2019, the application moved for
regular suspension along with the appeal is seen dismissed by
order dated 17.10.2019. Immediately thereafter, that is on
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DHAWAN
Signing Date:12.05.2026
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14.11.2019, CRL.M.B.2032/2019, the first application seeking
interim bail for eight weeks was moved. Paragraph 2 of the said
application reads thus:
“ That the mother of the appellant is suffering from cholecystitis
with cholelithiasis with hepatomegaly fatty liver with
contracted kidney RT with small renal calculus RT. The doctors
of HAMDARD INSTITUTE OF MEDICAL SCIENCE AND
RESEARCH, HAMDARD NAGAR, NEW DELHI has suggested
her Lap/open cholecystectomy cholelithiasis for 29.11.2019 in
the Hospital HAMDARD INSTITUTE OF MEDICAL SCIENCE
AND RESEARCH, HAMDARD NAGAR, NEW DELHI which is
essential for saving her life. The Medical documents are
annexed herewith as Annexure A-l(Colly) ”
Prayer “a)” in the said application reads thus:
“ It is therefore most respectfully prayed that this Hon'ble Court
may kindly be pleased to:
a) suspend the sentence of the appellant for a period of 8 weeks
so that the appellant can look after his ailing mother before
operation and after operation in the interest of justice.”
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DHAWAN
Signing Date:12.05.2026
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7.1 The sentence of the applicant/appellant was suspended
for a period of two weeks vide order dated 25.11.2019. Vide order
dated 11.12.2019, the bail granted to the applicant/appellant on
25.11.2019 was extended till 15.01.2020 on the same terms and
conditions.
8. The next application seen moved is CRL.M.B. 343/2020
which is dated 12.02.2020. In the said application, it was alleged
that during the interim bail period, the applicant/appellant got
married on 11.01.2020. As he has the responsibility of looking
after his widowed mother and one unmarried sister, suspension of
the sentence was sought for. When the application came up for
consideration, after some arguments, the application was
withdrawn and hence the same was dismissed by order dated
01.06.2020.
9. CRL.M.B. 6433/2020 was filed on 30.05.2020 seeking
interim suspension for four weeks alleging that he needs “ to look
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DHAWAN
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after his old ailing mother and to provide with basic essentials
food supplies and amenities in the interest of justice .”
9.1 As per order dated 01.07.2020, the application was
dismissed taking into account the nature of the offences committed
and also the status report revealing the medical condition of his
mother.
10. CRL.M.B.7438/2020 filed on 30.05.2020 again sought
for interim suspension for four weeks to enable the
applicant/appellant “ to look after his old ailing mother and to
provide with basic essentials food supplies and amenities in the
interest of justice. ” This application was also dismissed as per
order dated 01.07.2020. However, the applicant/appellant moved
CRL.M.A.9454/2020 for modification of the order dated
01.07.2020. It was submitted that the regular bail application had
already been dismissed as withdrawn vide order dated 01.06.2020
and that the same had not been listed on 01.07.2020 and hence the
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DHAWAN
Signing Date:12.05.2026
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portion of the order dated 01.07.2020 to the effect that the regular
bail application also stands dismissed requires to be modified. On
the submissions made by the learned counsel for the
applicant/appellant, the order dated 01.07.2020 was modified on
17.07.2020 to the effect that only the interim bail application was
dismissed by order dated 01.07.2020.
11. CRL.M.B. 7786/2020 was filed on 22.07.2020 seeking
interim suspension for a period of eight weeks to enable the
applicant/appellant “ to look after his old ailing mother before
operation and after operation in the interest of justice .” Paragraph
2 of the application reads thus:
“ That the mother of the appellant is suffering from cholecystitis
with cholelithiasis with hepatomegaly fatty liver with contracted
kidney RT with small renal calculus RT. The doctors of
HAMDARD INSTITUTE OF MEDICAL SCIENCE AND
RESEARCH, HAMDARD NAGAR, NEW DELHI had suggested
her lap/open cholecystectomy cholelithiasis for 28.07.2020 in the
Hospital HAMDARD INSTITUTE OF MEDICAL SCIENCE
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DHAWAN
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AND RESEARCH, HAMDARD NAGAR, NEW DELHI but the
operation of mother of appellant was not conducted on
28.07.2020 due to high blood, sugar level and now it will be
conducted on 04.08.2020 which is essential for saving her life.
The medical documents are annexed herewith as Annexure A-1
(Colly) ”
11.1 As per order dated 26.08.2020, interim suspension was
granted for a period of 20 days. So, he was bound to surrender by
15.09.2020. On the next hearing date, that is, on 20.05.2021,
CRL.M.B. 673/2021 filed on 21.05.2021 came up for
consideration. Paragraph 4 of the application reads thus:
“ That the appellant/applicant by way of instant application
needs to come out of jail on urgent and interim basis as his wife
is in her 6th month of pregnancy and the presence of the
appellant is very much required to take care of his wife. The
appellant is required to arrange money as well as arrange a
good and safe hospital for the safe delivery of his wife during
this pandemic. A copy of the medical documents of appellant’s
wife is annexed herewith as Annexure A1 . ”
11.2 On the said day it was noticed by the Court that the
applicant/appellant had not surrendered after the expiry of 20 days
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DHAWAN
Signing Date:12.05.2026
12:15:51

of interim bail granted as per order dated 26.08.2020. On
06.08.2021 CRL.M.B.673/2021 again came up for consideration.
On the said day, this Court granted interim suspension for a period
of 60 days. On the next hearing date on 29.11.2021 it was noticed
that the applicant/appellant after the expiry of the interim bail
granted on 10.08.2021 did not surrender though he was to
surrender on 20.11.2021. Hence, non-bailable warrants were
issued. On 31.03.2022, the appellant was arrested and produced
before this Court.
12. CRL.M.B.690/2022 was filed on 18.05.2022 seeking
suspension of sentence. This application was dismissed as per
order dated 06.07.2023.
13. CRL.M.B.1293/2022 was filed on 15.10.2022 seeking
interim suspension for a period of eight weeks. Paragraph 2 of the
application reads thus:
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DHAWAN
Signing Date:12.05.2026
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“ That the appellant is the only male member in the family
whose father has already been expired and his widow mother
and wife are the only matured lady members who are very
religious. A female baby namely Lavya was born on 21.10.2021
st
and on 21.10.2022, it is the 1 birth anniversary of the daughter
of the appellant and as per the family customs, the presence of
st
father is must on the occasionof religious celebrating the 1
birth anniversary in which nearand dears as well as close
relatives are being invited and some gift sand articles are being
exchanges and the whole celebration is being celebrated for
about 10 days as per the custom of the family of the appellant.
The documents with respect to the birth of the daughter of the
appellant and invitation documents are annexed herewith the
application/petition as Annexure A-1 (Colly). ”
Prayer “a)” reads thus:
“ It is therefore most respectfully prayed that this Hon'ble Court may
kindly be pleased to:
a) suspend the sentence of the appellant for a period of 8 weeks so
that the appellant can make all essential arrangements for the
st
performance of 1 birth anniversary of the birth of his daughter, in
the interest of justice.”
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DHAWAN
Signing Date:12.05.2026
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13.1 This application came up for consideration on
19.10.2022. Permission was sought to withdraw the application,
hence the same was dismissed as withdrawn.
14. The next application seen filed is CRL.M.B.780/2023
dated 15.05.2023 seeking interim suspension for eight weeks.
Paragraph 8 reads thus:
“ That the appellant’s presence is also essential for the financial
and other related arrangements’ for his family as his widow is
suffering from multiple diseases and for his minor daughter
who is about 1 ½ year of her age .”
Prayer “a)” reads thus:
“ It is therefore most respectfully prayed that this Hon'ble Court may
kindly be pleased to:
a) suspend the sentence and grant interim bail to the appellant for a
period of 8 weeks so that the appellant can make interaction with his
family and also make all essential arrangements for his family for
their livelihood and payment of rented accommodation as described
above, in the interest of justice, ”
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DHAWAN
Signing Date:12.05.2026
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14.1 As per order dated 06.07.2023, the application was
allowed and interim suspension was granted for a period of eight
weeks.
15. The next application seen filed is CRL.M.B.1499/2023
dated 17.10.2023 seeking interim suspension for a period of eight
weeks.
Paragraph 2 reads thus:
“ That the mother of the appellant is suffering from cholecystitis. The
doctors of DR. RAM MAHOHAR LOHIA HOSPITAL, NEW DELHI-
110001, advised the ailing mother of the appellant for her
admission on 06.11.2023 in the hospital and date for open
cholecystectomy/cholelithiasis surgery is fixed for 09.11.2023, but
due to unavailability of sufficient funds on the part of the widow
ailing mother of the appellant, the operation would not be possible as
suggested above by the doctors of the above said hospital for
09.11.2023. (Medical certificates are annexed). The operation is very
much essential for saving the life of the widow ailing mother of the
appellant. The medical documents are Annexure A-1 (Colly) ”
Prayer “a)” reads thus:
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DHAWAN
Signing Date:12.05.2026
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“ It is therefore most respectfully prayed that this Hon'ble Court may
kindly be pleased to:
a) suspend the sentence and grant the interim bail of the appellant for
a period of 8 weeks so that the appellant can arrange the sufficient
funds for the operation of his widow and ailing mother before
operation and after operational in the interest of justice. ”
15.1 This application was allowed as per order dated
10.11.2023 and interim suspension was granted for a period of four
weeks. On 07.12.2023, the interim bail was extended. On
12.12.2023, the interim bail was again extended for a further
period of four weeks.
16. CRL.M.B. 514/2024 was filed on 20.03.2024 for
suspension of the sentence. Though the prayer was for regular
suspension of sentence this Court as per order dated 28.10.2024
granted interim suspension till the next date of hearing i.e. on
09.01.2025. On 09.01.2025 when the matter was taken up the
applicant/appellant had not surrendered. On the other hand, the
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DHAWAN
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learned counsel for the applicant/appellant undertook that he
would surrender within a period of four weeks from 09.01.2025.
17. On 03.02.2025, CRL.M.B. 236/2025 came up for
consideration. The said application was filed on 30.01.2025
seeking extension of interim suspension for a period of three
weeks for completing the formalities relating to the admission of
his child in the school. On 03.02.2025, the interim suspension was
again extended till 12.02.2025. On 12.02.2025, the interim order
was extended till the next date of hearing. On 19.02.2025 when the
matter came up for consideration this Court directed the
applicant/appellant to surrender by 20.02.2025.
18. CRL.M.B. 1770/2025 was filed on 18.08.2025 seeking
interim suspension for a period of eight weeks.
Prayer “a)” reads thus:
“ It is therefore most respectfully prayed that this Hon’ble Court
may kindly be pleased to:
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DHAWAN
Signing Date:12.05.2026
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a) suspend the sentence and grant interim bail to the appellant
for a period of 8 weeks so that the appellant can make
interaction with his family and also make all essential
arrangements for his family for their livelihood and payment of
rented accommodation as described above, in the interest of
justice, ”
18.1 When this application came up for consideration on
21.08.2025, the same was not pressed. Hence, the same was
dismissed.
19. The next application CRL.M.B.2086/2025 was filed on
03.10.2025.On 01.12.2025, when the application was taken up for
consideration, it was submitted that the application was moved
only because the co-accused had been granted suspension. Vide
order dated 01.12.2025, the application was dismissed.
20. The next application, CRL.M.B.389/2026 was filed on
05.02.2026. In this application, the applicant again sought
suspension of sentence for a period of 8 weeks on the ground that
the appellant needs to interact with his family, make necessary
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DHAWAN
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financial arrangements and that he is the only son of his parent.
The prayer (a) of the application is as follows:
“(a) Suspend the sentence and grant interim bail to the appellant for
a period of 8 weeks so that the appellant can make interaction with
his family and also make all essential and financial and other related
arrangements for his family for their livelihood and payment of
rented accommodation as described above in the interest of justice”
20.1 Vide order dated 19.02.2026, this application was
dismissed.
21. The present application is the last in the series of the
applications filed by the appellant/accused. The allegation in the
present application is that the mother of the appellant has been
diagnosed with “gall bladder stones (cholelithiasis) and has been
advised surgery which is scheduled for 09.05.2026. The said
surgery is time-bound and cannot be deferred without risk to her
health” . However, the report of the Medical Superintendent says
that the admission of the appellant’s mother has been tentatively
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DHAWAN
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fixed on 09.06.2026 and that the operation would be performed on
12.06.2026, provided that prior to the surgery her parameters are
normal and cleared by the anesthesia department. Here, it would be
apposite to refer to the order dated 05.08.2020 in
CRL.M.(BAIL)7786/2020, which was also filed on the same
ground. A Status Report was submitted as per which it was
reported that before the surgery, though the mother of the appellant
was required to undergo necessary tests, she never underwent the
same. It was further reported that on the insistence of the mother of
the appellant, she was admitted in the hospital and that when it
came to the knowledge of the doctor concerned that the patient had
not undergone the requisite tests, her admission was cancelled and
she was advised to go home. When this fact came to the notice of
the court, the learned counsel for the appellant submitted that his
mother would undergo the required tests and a fresh date of
surgery would be sought. Further, vide order dated 10.11.2023,
interim suspension was granted for four weeks on the ground that
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DHAWAN
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his mother’s gall bladder surgery was scheduled on 09.11.2023.
However, after completion of the four weeks granted, on
07.12.2023 it was submitted on behalf of the appellant that the
surgery could not be conducted as the vitals of his mother were not
normal. It was submitted that the doctor had advised the patient to
take medicines which are expensive medicines for which funds
had to be arranged by the appellant. On the said ground, the
interim bail granted vide order dated 10.11.2023 was again
extended on the same terms and conditions.
22. Therefore, the strategy seems to be to somehow get an
interim order of suspension and thereafter keep seeking for
extension on the ground that the surgery could not be conducted.
From the aforesaid materials, it is apparent that since 2019 the
appellant has been repeatedly seeking interim suspension on the
ground that he needs to take care of his ailing mother during the
pre-operative and post-operative period of her gall bladder surgery.
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DHAWAN
Signing Date:12.05.2026
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The appellant/accused succeeded many a time in getting favorable
orders also. It appears that the applicant/appellant/accused is trying
his luck by filing successive applications. When he finds that the
court is not inclined to allow the same, he withdraws the same and
after a short interval comes up with another application. It is also
seen that on early occasions, he had never surrendered in time.
This is nothing but a clear abuse of the process of the court.
23. As noticed earlier, the prosecution case is that the
appellant/accused along with the co-accused had committed gang
rape on the victim. Therefore , taking into account the gravity of
the offences committed as well his earlier conduct, I find no bona
fides in the application filed.
24. In the result, the application is dismissed with costs of
₹25,000/- which shall be deposited before the ‘Delhi High Court
Legal Services Committee’ within one month from the date of this
order.
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DHAWAN
Signing Date:12.05.2026
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CRL.A. 1195/2019
25. List on 13.07.2026, the date already fixed.
CHANDRASEKHARAN SUDHA
(JUDGE)
MAY 12, 2026
Rs/mj
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DHAWAN
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