[Cites 6, Cited by 0]
Delhi High Court
Md. Shahnawaz vs State Nct Of Delhi on 2 April, 2026
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.04.2026
+ BAIL APPLN. 1285/2026 & CRL.M.A. 10068/2026
MD. SHAHNAWAZ .....Petitioner
Through: Mr. Vimal Tyagi, Advocate.
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with Inspector Shiv Karan Singh.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 624/2023 of
Police Station Nabi Karim for offence under Section 304B/498A/201/34
IPC.
2. I have heard learned counsel for accused/applicant and learned APP
for State assisted by IO/Inspector Shiv Karan.
3. Broadly speaking, the FIR was registered on the statement of Mohd.
Chand alleging that on account of dowry torture, his sister committed
suicide by hanging herself. The FIR was registered for offence under
Section 498/304B/201/34 IPC. After the deceased was buried, on the basis
BAIL APPLN. 1285/2026 Page 1 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
69af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
Digitally Signed serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
By:RAHUL YADAV Date: 2026.04.02 18:02:44 -07'00'
Signing Date:02.04.2026
18:08:56
of further information, the dead body was exhumed and was sent for post-
mortem. On the basis of post-mortem report, the learned trial court added
the offence under Section 302 IPC to the charge.
4. Learned counsel for accused/applicant submits that the first informant
has turned hostile, so this is a fit case to grant bail. It is also submitted that
co-accused Abdul Jabbar was granted bail by a coordinate bench of this
court but since Roster has changed, the present application has to be dealt
with by this court. Learned counsel for accused/applicant submits that the
coordinate bench granted bail to Abdul Jabbar after perusal of the post-
mortem report.
5. Learned APP assisted by IO/Inspector Shiv Karan strongly opposes
grant of bail on the ground of gravity of offence. Further, learned APP has
placed strong reliance on the post-mortem report of the deceased, which
recorded ante mortem injuries.
6. Learned counsel for accused/applicant submits that the injuries
recorded in the post-mortem report are possible due to handling of the dead
body at the time of burial.
7. So far as the injuries found on the deceased are concerned, in view of
the post-mortem expert report (that all those injuries are ante mortem in
nature and caused by blunt force, and that possibility of physical assault on
the deceased prior to death cannot be ruled out), I am unable to accept the
contention of learned counsel that those injuries were post-mortem and
sustained on account of mishandling of the dead body during burial.
BAIL APPLN. 1285/2026 Page 2 of 3 pages
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
Digitally Signed
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
By:RAHUL YADAV 570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.02 18:02:34 -07'00'
Signing Date:02.04.2026
18:08:56
8. As regards bail granted to co-accused Abdul Jabbar, the coordinate
bench of this court took note that there were no allegations against him and
also the fact that he is father of the husband of the deceased. On the other
hand, the accused/applicant is husband of the deceased. Not just this, two
sisters of the deceased have deposed before the trial court and have strongly
supported prosecution.
9. Keeping in mind the gravity of offence and material on record of the
trial court, I do not find it a fit case to grant bail to the accused/applicant.
Therefore, the bail application is dismissed. Accompanying application
stands disposed of.
10. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the accused/applicant.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.02 18:02:20 -07'00'
GIRISH KATHPALIA
(JUDGE)
APRIL 2, 2026/ry
BAIL APPLN. 1285/2026 Page 3 of 3 pages
