Mohd. Asif Vs Mohd. Mohsin — Anticipatory Bail | Delhi HC (2026)

Mohd. Asif Vs Mohd. Mohsin — Anticipatory Bail | Delhi HC (2026)

What the court decided

AI extract

Outcome

Setting aside of the impugned order dated 20.01.2026 of the learned Trial Court, conditioned on payment within one week of the previous costs of Rs.8,000/- plus fresh costs of Rs.20,000/- (composite Rs. 28,000/-); failing which the impugned order stands revived. The petitioner is also given one opportunity under Section 311 CrPC, 1973 on the next date of hearing.

Issue for consideration

Whether the order dated 20.01.2026 passed by the learned JMFC, NI Act03, Tis Hazari Courts, Delhi in Cr. Case No.3766/2023 should be set aside, and on what conditions.

Court's answer

The present application is allowed and the impugned order dated 20.01.2026 is set aside, subject to the petitioner clearing the previous costs of Rs.8,000/- as per the order dated 20.01.2026 of the learned Trial Court and paying fresh costs of Rs.20,000/- to the respondent within one week.

Ratio / Principle

If the composite previous and fresh costs of Rs. 28,000/- are not paid within one week, the impugned order dated 20.01.2026 shall stand revived.

Key takeaways

The petitioner is given one opportunity to plead his case with respect to Section 311 of the Code of Criminal Procedure, 1973 before the learned Trial Court on the next date of hearing.ratio¶15

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.), order dated 22.05.2026 in CRL.M.C. 4103/2026: A petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Mohd. Asif sought setting aside of the order dated 20.01.2026 of the learned JMFC, NI Act03, Tis Hazari Courts, Delhi in Cr. Case No.3766/2023 titled 'Mohd. Mohsin vs. Mohd. Asif', whereby previous costs of Rs.8,000/- had been imposed after exemption from appearance was sought on account of the petitioner's counsel suffering from an eye flu. Considering the peculiar facts and circumstances, the Court allowed the application and set aside the impugned order, subject to the petitioner clearing the previous costs of Rs.8,000/- and paying fresh costs of Rs.20,000/- to the respondent within one week (composite Rs. 28,000/-); in default of payment, the impugned order dated 20.01.2026 shall stand revived. The petitioner was further given one opportunity to plead his case with respect to Section 311 of the Code of Criminal Procedure, 1973 before the learned Trial Court on the next date of hearing. The petition, alongwith the pending application, was disposed of accordingly, and a copy of the order was directed to be sent to the concerned Principal District and Sessions Judge.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 4103/2026, CRL.M.A. 16586/2026

MOHD. ASIF .....Petitioner

Through: Mr. Suraj Yadav, Adv. (Through VC)

versus

MOHD. MOHSIN .....Respondent Through: None

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 22.05.2026

By virtue of the present petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, inter alia , seeks setting aside of the order dated 20.01.2026 passed by the learned JMFC, NI Act03, Tis Hazari Courts, Delhi ( learned Trial Court ) in Cr. Case No.3766/2023 titled ‘Mohd. Mohsin vs. Mohd. Asif’ .

Considering the medical documents filed for seeking exemption before the learned Trial Court was of the learned counsel himself, as he was suffering from an eye flu, under the peculiar facts and circumstances, the present application is allowed and the impugned order dated 20.01.2026 is set aside, albeit , subject to the petitioner clearing the previous costs of Rs.8,000/- as per order dated 20.01.2026 passed by the learned Trial Court as also fresh costs of Rs.20,000/- to be paid by the

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 26/05/2026 at 12:15:46

petitioner to the respondent within a period of one week.

In view of the aforesaid, the petitioner is given one opportunity for pleading his case with respect to Section 311 of the Code of Criminal Procedure, 1973 before the learned Trial Court on the next date of hearing. 4. It is also clarified that in case the composite previous costs of Rs. 28,000/- is not paid within a period of one week as per above, the impugned order dated 20.01.2026 shall stand revived. 5. As such, the present petition, alongwith the pending application, is disposed of in the aforesaid terms.

A copy of this order be sent to the concerned Principal District and Sessions Judge for information.

SAURABH BANERJEE, J

MAY 22, 2026/Ab

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 26/05/2026 at 12:15:46