Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Mere Entry, Abuse Or Assault Is Not Civil Contempt – Willfulness And Dispossession Must Be Clearly Proved: Bombay High Court Magistrate Cannot Shut Eyes To Final Report After Cognizance – Supplementary Report Must Be Judicially Considered Before Framing Charges: Allahabad High Court Examination-in-Chief Alone Cannot Sustain Conviction Amid Serious Doubts: Delhi High Court Upholds Acquittal in Grievous Hurt Case Employees Cannot Pick Favourable Terms and Reject the Rest: Bombay High Court Upholds SIDBI’s Cut-Off Date for Pension to CPF Optees Cannot Reclaim Absolute Ownership After Letting Your Declaration Suit Fail: AP High Court Enforces Finality in Partition Appeal Death Due to Fat Embolism and Delayed Treatment Is Not Culpable Homicide: Orissa High Court Converts 30-Year-Old 304 Part-I Conviction to Grievous Hurt Fabricated Lease Cannot Be Sanctified by Consolidation Entry: Orissa High Court Dismisses 36-Year-Old Second Appeal Rules of the Game Were Never Changed: Delhi High Court Upholds CSIR’s Power to Prescribe Minimum Threshold in CASE-2023 Resignation Does Not Forfeit Earned Pension: Calcutta High Court Declares Company Superannuation Benefit as ‘Wages’ Under Law Fraud Vitiates Everything—Stranger Can File Independent Suit Against Compromise Decree: Bombay High Court Refuses to Reject 49-Year-Old Challenge at Threshold Mere Long Possession By One Co-Owner Does Not Destroy The Co-Ownership Right Of The Other: Madras High Court State Cannot Hide Behind An Illegal Undertaking: Punjab & Haryana High Court Questions Denial Of Retrospective Regularization Sentence Cannot Be Reduced to Two Months for Four Life-Threatening Stab Wounds: Supreme Court Restores 3-Year RI in Attempt to Murder Case Suspicion, However Grave, Cannot Substitute Proof: Apex Court Reaffirms Limits of Section 106 IEA Accused at the Time of the Statement Was Not in the Custody of the Police - Discovery Statement Held Inadmissible Under Section 27: Supreme Court Failure to Explain What Happened After ‘Last Seen Together’ Becomes an Additional Link: Supreme Court Strengthens Section 106 Evidence Act Doctrine Suicide in a Pact Is Conditional Upon Mutual Participation — Survivor’s Resolve Reinforces the Act: Supreme Court Affirms Conviction Under Section 306 IPC Participation in Draw Does Not Cure Illegality: Supreme Court Rejects Estoppel in Arbitrary Flat Allotment Case Nepotism and Self-Aggrandizement Are Anathema to a Democratic System: Supreme Court Quashes Allotment of Super Deluxe Flats by Government Employees’ Welfare Society Liberty Is Not Absolute When It Becomes a Threat to Society: Supreme Court Cancels Bail of Alleged ₹6.5 Crore Fraud Mastermind Magistrate’s Power Is Limited — Sessions Court May Yet Try the Case: Supreme Court Corrects High Court’s Misconception in ₹6.5 Crore Fraud Bail Order Dacoity Cannot Be Presumed, It Must Be Proved: Allahabad High Court Acquits Villagers After 43 Years, Citing ‘Glaring Lapses’ in Prosecution Case When the Judge Signs with the Prosecutor, Justice Is Already Compromised: MP High Court Quashes Tainted Medical College Enquiry Strict Rules Of Evidence Do Not Apply To Proceedings Before The Family Court: Kerala High Court Upholds Wife’s Claim For Gold And Money Commission Workers Cannot Claim Status of Civil Servants: Gujarat High Court Declines Regularization of Physically Challenged Case-Paper Operators Non-Wearing of Helmet Had a Direct Nexus with Fatal Head Injuries  : Madras High Court Upholds 25% Contributory Negligence for Helmet Violation Only a ‘Person Aggrieved’ Can Prosecute Defamation – Political Party Must Be Properly Represented: Karnataka High Court Quashes Case Against Rahul Gandhi

Broad Daylight Robbery by Impersonating Police: Accused Played Central Role, No Parity with Co-Accused: Delhi High Court Denies Bail

05 May 2025 1:12 PM

By: Deepak Kumar


“It is the accused/applicant, who not only procured the motorbike with fake number plate but also drove the same at the time of robbery”. - Delhi High Court refused to grant bail in connection with a brazen robbery involving impersonation of police officers and daylight snatching of purported gold in a crowded area of South Delhi. Justice Girish Kathpalia, while dismissing the bail plea, emphasized that the “accused played a central role in the execution of the crime,” and therefore, the principle of parity with other co-accused could not be invoked.

The case originated from FIR No. 346/2024 registered at PS Kotla Mubarakpur. The complainant, Ravindra Sharma, acting on the suggestion of his friend Sanjay Sharma that gold could be purchased at a 30% cheaper rate from Nepal, went to the South Extension Metro Station with his nephew Aman on October 3, 2024, carrying ₹11,00,000 in cash. As narrated in the judgment, “On direction of Sanjay Sharma he met one Deepak, who led him and Aman to an office in J-Block, South Extension Part 1. In the office, he handed over cash of ₹11,00,000 to Deepak who handed over gold in a bag.”
While walking toward their car with Deepak and Aman, “two persons came on a Pulsar motorbike... wearing police shoes and khaki pants.” One of them “was carrying a pistol-like instrument,” and snatched the bag. The robbers fled on the motorbike, “which was being driven by the accused/applicant.”

The central legal issue before the Court was whether Sukhbir @ Kallu was entitled to bail on the ground of parity with two other accused: Sifarish Khan, who had already been granted regular bail, and Akhileshwar Kumar @ Sanjay, who had obtained anticipatory bail from the Supreme Court.

The Court categorically rejected the argument of parity. Justice Kathpalia observed: “So far as bail granted to Sifarish Khan is concerned, his role was completely distinct in the sense that he was not present at the spot and had allegedly made overall planning... there is no evidence presently against him.”

Referring to the Supreme Court's grant of anticipatory bail to Akhileshwar Kumar @ Sanjay, the Court clarified: “The anticipatory bail was granted by the Supreme Court, finding that no custodial interrogation was required. Even otherwise, the role ascribed to Akhileshwar Kumar @ Sanjay was that he allured the complainant to enter into the transaction for purchase of gold.”
However, the accused Sukhbir's role was of a different magnitude: “It is the accused/applicant, who not only procured the motorbike with fake number plate but also drove the same at the time of robbery.”

The Court placed emphasis on the method of the crime, observing: “The alleged robbery was committed in broad daylight in a busy area of South Extension... Further, they also used a lighter which looked like a pistol and snatched the bag carrying gold worth ₹11,00,000.”

The impersonation of police was particularly noted: “The accused/applicant and his pillion accomplice wore pants and shoes to convey an impression as if they are police officials.”

In response to the defence counsel’s argument that the snatched gold was fake, the Court dismissed the assertion: “As regards submission... that the allegedly snatched gold was found fake, the IO discloses that the said gold has not even been recovered till date. It appears that learned counsel for accused/applicant has not been briefed with truth.”

Justice Kathpalia ultimately held that: “Considering the overall circumstances as mentioned above, especially the daring manner in which broad daylight robbery in a busy area was allegedly committed and two of the co-accused declared Proclaimed Offenders and also role of the accused/applicant described above, I do not find it a fit case to release the accused/applicant on bail.
The bail application was accordingly dismissed.

Date of Decision: May 2, 2025
 

Latest Legal News