Citation : 2026 Latest Caselaw 1658 Del
Judgement Date : 23 March, 2026
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23.03.2026
+ BAIL APPLN. 1167/2026 & CRL.M.A. 8779/2026
WASIM @ SHERA .....Petitioner
Through: Mr. B. S. Chowdhary, Advocate.
versus
STATE (NCT) OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with Inspector Rajesh Verma and
Inspector Umesh Kumar, PS Narela
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 536/2020 of PS Narela for offence under Section 302/34 IPC read with Section 25/27 Arms Act.
2. Broadly speaking, the accused/applicant allegedly shot dead two persons. Besides, the accused/applicant is involved in 14 more such cases. Further, it appears that earlier application of the accused/applicant was dismissed on merits on 12.04.2022 and thereafter, there is no change in circumstances. Thereafter, the accused/applicant filed another bail
BAIL APPLICATION 1167/2026 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec 45569af3962c6fb4835d435f97626cacca,
KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 5570996b40f80cbd2eee60402c487965ff80 1e26fa, cn=GIRISH KATHPALIA Date: 2026.03.23 17:59:38 -07'00'
Digitally Signed By:DIKSHA RAWAT Signing Date:23.03.2026 18:16:21 application, which was dismissed as withdrawn on 30.05.2025. Thereafter, the accused/applicant filed yet another bail application but without disclosing about dismissal dated 30.05.2025, so taking it to be an inadvertent error, on 16.03.2026, the counsel for accused/applicant was permitted withdrawal of that bail application with liberty to file afresh, disclosing the earlier dismissal. That is how, the present application has been filed.
3. At the outset, today, learned APP on instructions of IO/Inspector Rajesh Verma reveals that the accused/applicant filed an interim bail application, which has been allowed by the Court of Sessions today itself for the period of 4 days, which period according to counsel for accused/applicant is from 10.04.2026 to 14.04.2026 so that he could attend marriage of his sister.
4. The present bail application was filed on 18.03.2026, as per filing logs. The interim bail application before the Court of Sessions was filed on 11.03.2026 or 12.03.2026, as per learned counsel for accused/applicant. But neither in the said interim bail application nor in the present regular bail application, the other application was disclosed.
5. Learned counsel for accused/applicant is unable to explain as to why pendency of the present regular bail application was not disclosed in the interim bail application filed before the Court of Sessions. It is also not explained as to why even today, pendency of the present bail application was not disclosed before the Court of Sessions. Even in this regular bail application filed on 18.03.2026, the accused/applicant concealed about
BAIL APPLICATION 1167/2026 Page 2 of 3 pages
GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557 0996b40f80cbd2eee60402c487965ff801e26fa,
Digitally Signed cn=GIRISH KATHPALIA Date: 2026.03.23 17:59:24 -07'00'
By:DIKSHA RAWAT Signing Date:23.03.2026 18:16:21 pendency of interim bail application before the Court of Sessions and no explanation has been advanced for this concealment.
6. The accused/applicant has, prima facie, played fraud with the Court of Sessions, as well as with this Court.
7. Therefore, this bail application is dismissed. Accompanying application also stands disposed of.
8. The IO shall forthwith place a copy of this order before the Court of Sessions, where interim bail was granted to the accused/applicant, so that the learned Court of Sessions may take appropriate decision in accordance with law.
9. 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=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 5570996b40f80cbd2eee60402c487965ff80 1e26fa, cn=GIRISH KATHPALIA Date: 2026.03.23 17:58:53 -07'00'
GIRISH KATHPALIA (JUDGE) MARCH 23, 2026/dr
BAIL APPLICATION 1167/2026 Page 3 of 3 pages
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