CRL.REV.P. 604/2026 Page 1 of 3 $~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010487632026 + CRL.REV.P. 604/2026 CRL.M.A. 31744-31745/2026 CRL.M.(BAIL) 1939/2026 GAURAV .....Petitioner Through: Mr. Braj Kishore Roy and Mr. Aadhaar Gaur, Advocates versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Athine, PS: Burari CORAM: HON'BLE MS.
JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 08.10.2026 CRL.M.A. 31745/2026 (for exemption) 1. Allowed, subject to all just exceptions.
2. The application stands disposed of. CRL.REV.P. 604/2026, CRL.M.A.31744/2026, CRL.M.(BAIL)1939/2026 3. This petition has been filed under Sections 440/442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) impugning the judgment dated 19.07.2024 and order on sentence dated 06.09.2024 passed by the Ld.
Magistrate in Criminal Case No. 3350/2023 registered at Police Station Burari, under Section 354/ 354-B/506/34 Indian Penal Code, 1860, [‘IPC’] wherein the Petitioner was acquitted of the aforementioned offences but was convicted of the offence under Section 352/34 IPC.
4. The Petitioner also challenges the judgment dated 13.03.2026 and order dated 22.09.2026 passed by the Ld. Additional Sessions Judge [‘ASJ’]This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2026 at 19:13:30 CRL.REV.P. 604/2026 Page 2 of 3 dismissing the appeal, upholding the conviction and the order of sentence in Criminal Appeal No. 884/2022 and the order of sentence titled ‘Yogesh & Gaurav v/s. The State & Anr.’.
5.
Learned ASJ, vide order dated 22.09.2026, had directed that both the accused be sentenced to undergo simple imprisonment for a term of three (3) months and to pay a fine of Rs. 500/- for the offence under Section 352/34 IPC; and to surrender within 10 days from 22.09.2026 6. Learned counsel for the Petitioner, however, states that the Petitioner have not surrendered as per the direction given vide order dated 22.09.2026.
7.
He states that an application filed before the learned ASJ seeking extension of time to surrender was dismissed vide order dated 05.10.2026.
8. He states that the sentence order dated 06.09.2024 was suspended by the Trial Court to enable the accused to file an appeal.
9. In view of the aforesaid submissions, the Petitioners are directed to first surrender in compliance with the order dated 22.09.2026, and thereafter, this matter will be taken up for consideration.
10.
Learned counsel for the Petitioners states that the Petitioner undertake to surrender on 12.10.2026 and time for surrender be extended till the said date. It is ordered accordingly.
11. Learned APP will report compliance of the aforesaid directions on the next date of hearing.
12. In the meantime, the Registry is requested to summon the e-TCR from the Sessions Court and the Trial Court.
13. List on 27.10.2026.
14.
A copy of this order be sent to Jail Superintendent for information and compliance.This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2026 at 19:13:30 CRL.REV.P. 604/2026 Page 3 of 3 15. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance.
No physical copy of the order shall be insisted upon by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J OCTOBER 8, 2026/rhc/ajThis is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2026 at 19:13:30