The Delhi High Court has dismissed a fresh application seeking interim suspension of sentence filed by a convict serving a 20-year sentence in a gang rape case, holding that repeated pleas on similar grounds amounted to misuse of the judicial process.
Justice Chandrasekharan Sudha passed the order on May 12, 2026, while hearing an application moved by Rajan, who sought temporary release to assist his mother during her proposed gall bladder surgery.
Background of the Case
The appellant was convicted in 2019 in connection with the sexual assault of a 14-year-old girl. According to the prosecution, the incident took place in June 2010 in Delhi, where the accused and a co-accused were found guilty of wrongfully confining, threatening and sexually assaulting the victim.
Following conviction, the trial court sentenced him to 20 years’ rigorous imprisonment under various provisions of the Indian Penal Code.
In the latest plea, the convict argued that his mother was suffering from gall bladder stones and required surgery, making his presence necessary for pre-operative and post-operative care.
During the hearing, the High Court reviewed the history of applications filed by the appellant since 2019. The bench noted that several earlier pleas were also based on his mother’s medical condition and requests for temporary release during her proposed surgery.
The court recorded that interim relief had been granted multiple times in the past. However, it also noted instances where the appellant failed to surrender within the stipulated period after expiry of interim bail.
The bench further observed that earlier surgeries referred to in previous applications were either postponed or not conducted, after which fresh applications seeking extension were filed.
“The strategy seems to be to somehow get an interim order of suspension and thereafter keep seeking for extension on the ground that the surgery could not be conducted,” the court observed while rejecting the plea.
The judge also noted that some applications were withdrawn when the court appeared disinclined to grant relief.
Calling the conduct “a clear abuse of the process of the court,” the High Court held that no bona fide grounds were made out for granting interim suspension in the present case.
Considering the gravity of the offence and the appellant’s earlier conduct, the Delhi High Court dismissed the application and imposed costs of ₹25,000, directing that the amount be deposited with the Delhi High Court Legal Services Committee within one month.
Case Details
Case Title: Rajan v. State
Case Number: CRL.A. 1195/2019
Judge: Justice Chandrasekharan Sudha
Decision Date: May 12, 2026
