19.05.2026 | Court No. 2 | Live Streaming

Added: 2026-05-21

[00:00:02]Yes, Mr. Denali, congratulations.

[00:00:06]Admission, item one.

[00:00:16]Mr. Malotra, it's your matter.

[00:00:18]Good ship Greetings, sir. Completed and if this matter may be listed for admission hearing.

[00:00:25]I just received it on next week. Okay.

[00:00:27]Okay. On Thursday.

[00:00:31]But it's already there in the admission.

[00:00:34]If you had come up on the 28th here.

[00:00:36]As prayed for repost on such and such date.

[00:00:39]28th of May.

[00:00:43]Item two.

[00:00:46]Yes, Ms. Lalmalswami.

[00:00:50]The respondents have filed their counter affidavit. So, I'd like to file the reply affidavit.

[00:00:55]>> As prayed for by Ms. Lallam Swami, learned counsel appearing for the petitioner, repost on such and such date to enable the petitioner file rejoinder against the counter affidavit filed by the state respondent. 4th of June.

[00:01:11]Item three.

[00:01:17]Yes.

[00:01:18]Uh My lord, uh since the last order is dated 17th of 2026, we haven't received On behalf of the state respondents, I will be filing uh my >> for by Ms. Caroline, learned state counsel, repost on such and such date to enable the state respondent file return in the matter. 8th of July.

[00:01:39]Item four.

[00:01:45]Yes, my lordship. Uh this matter is listed for the first time today and this is a criminal appeal against >> So, I'll admit it. Yes.

[00:01:56]Yes, my lord.

[00:01:57]And along with uh uh appeal, I have filed I have for suspension of the execution of the sentence. I think Miss Linda is going to object your eyes.

[00:02:05]My lord.

[00:02:06]>> lord. One One objection is that it's a criminal appeal, but the sentence is less than 7 years again. So, this appeal is not maintainable. Yes. Uh So, according to the provision 415 B&S is Yes.

[00:02:53]Sentence more than 7 years. 7 years.

[00:02:56]This High Court But however, my lord, on perusal of this provision, it is said any person convicted on a trial held by a sessions judge.

[00:03:06]And then it is or. Yes.

[00:03:08]>> Yes. So, this appeal is maintainable, my lord.

[00:03:11]Yes, counsel. Yes.

[00:03:15]It says any person convicted on a trial held by a sessions judge or an additional sessions judge Yes. or on a trial held by any other court in which a sentence of imprisonment for more than 7 years Yes. has been passed against him or against any other person convicted in the same trial may appeal to High Court.

[00:03:33]So, the minimum sentence for an appeal to be maintainable under Section 415 is 7 years.

[00:03:39]>> Yes, my lord. However, as per my understanding No, no, that can't be.

[00:03:44]These are settled position of law. Yes.

[00:03:46]You You This court cannot function on the basis of your humble understanding. The The law is clear. You want to show some authority you can show. Otherwise section 415 is very very well well known.

[00:04:02]The minimum sentence has to be it has to be 7 years. That's it. It is a settled position. You're withdrawing it or I'll dismiss it.

[00:04:11]>> to I have to ask my senior. No, no, it's all right. You withdraw or I dismiss.

[00:04:16]Choice is yours.

[00:04:19]As for my humble understanding it is that You withdraw it and you file whatever appropriate with liberty.

[00:04:27]Uh your lordship if I'm given a little bit more time >> Why what more time? You should have looked into it.

[00:04:34]However, as for my humble understanding I have filed this under 415.

[00:04:38]Because it is written that any person convicted on a child possession >> that is not important.

[00:04:44]The conviction can be granted by the session court. It can be granted by the additional session court or by any court.

[00:04:53]However, the minimum sentence for maintaining an appeal under section 415 has to be 7 years. That's the minimum sentence.

[00:05:03]That is it.

[00:05:09]Yes? Yes, my lord. Withdraw.

[00:05:12]Yes, yes, my Uh MS so-and-so learned counsel appearing on behalf of the appellant on instructions seeks to withdraw the criminal appeal and file with liberty to file a fresh re- allowed with liberty.

[00:05:28]I also accordingly, huh?

[00:05:31]I can file for hearing.

[00:05:36]Yes, Miss Dinari, what is this hearing you you want to do at the at 4:00? All right, yeah, my learned the Yes, yes.

[00:05:45]May it please your lordship I seek indulgence in mentioning item five. My I am requested by Mr. Adrian who's representing respondent five and seven to this Yes, your lordship. Yes.

[00:05:59]To list the matter in the due course of time due to personal difficulties. He is not able to appear.

[00:06:05]When do you want it?

[00:06:07]After two weeks. Yes, Ms. Dinari. No objection. No objection. Heard Ms. Dinari T. Azu learned senior counsel assisted by Mr. Seal of Silly. So and so.

[00:06:20]Also heard Ms. Zorin Gupta.

[00:06:23]>> So and so learned counsel appearing on behalf of Mr. Eldrin Lalemzuava Izuala learned counsel appearing for respondent number five to seven. Yes, your lordship. Five to seven. Yes, your lordship. So and so learned counsel for the five to seven submits that due to personal difficulty Mr. Eldrin so and so is unable to be in court and accordingly seeks a short accommodation in the matter. Prayer is not opposed by the learned senior counsel. Repost on such and such date. 9th of June.

[00:06:49]No objection.