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IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna, J.
Naseem @ Imran - Appellant
Versus
State GNCT of Delhi - Respondent
CRL.A. 409 of 2025
Decided On : 01-04-2025
ORDER :
CRL. M.A. 9767/2025 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The Application stands disposed of.
CRL. M. (BAIL) 703/2025 (under Section 430(1) of BNSS, 2023 for Suspension of Execution of Sentence)
3. An Application has been filed on behalf of the Appellant seeking Suspension of Execution of Sentence pronounced vide Judgment/Order on Sentence dated 01.03.2025, whereby the Petitioner has been awarded a punishment of RI for two years in offence under Section 12 read with Section 11 of POCSO Act along with fine of Rs.5,000/- failing in payment of fine further imprisonment of three months, SI for two years for the payment of fine further imprisonment of three months and SI for one month failing in payment of fine further imprisonment of one week.
4. The maximum sentence awarded to the Petitioner is two years. The Petitioner has been on Bail throughout the trial and even after the conviction.
5. In view of the aforesaid, the sentence of the Petitioner is suspended, till the pendency of the Petition, subject to the following conditions:-
a) The Petitioner/accused shall furnish a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the trial court/Duty Magistrate and further subject to the condition that the Petitioner/accused and the surety of the Petitioner, will keep his mobile phone in active mode during the period of suspension of sentence so that if required the Petitioner /accused may be contacted.
b) In case of change of residential address and/or mobile phone number, the same will be intimated to this Court, by way of an affidavit.
c) If the Petitioner/accused travel abroad, he shall submit itinerary with his address, at the time of contact, before the trial court.
6. The Application is disposed of accordingly.
CRL. A. 409/2025
7. An Appeal under Section 415(2) of BNSS has been filed challenging the impugned Judgment dated 23.12.2024 passed by learned ASJ.
8. Learned APP for the State appears on advance Notice.
9. Notice of the Appeal be served upon the Prosecutrix on taking steps by the Petitioner, to be served through I.O for the next date of hearing.
10. E-TCR be summoned for the next date of hearing.
11. List for arguments on 01.09.2025.
AI
The court suspended the execution of a two-year sentence under the POCSO Act pending appeal, emphasizing the importance of the Petitioner’s bail status and compliance with conditions.
The court granted suspension of sentence pending appeal under specific conditions, emphasizing the need for the Appellant to remain reachable.
The court may suspend a sentence during an appeal if the appellant has served a significant portion of the sentence and is not involved in other cases.
Suspension of sentence granted based on time served and compliance with conditions, ensuring accountability during appeal.
The court suspended the appellant's sentence and granted bail based on the survivor's lack of objection and the appellant's compliance with bail conditions during trial.
The court can suspend a sentence if the appellant has served a significant portion and the appeal may take time, provided certain conditions are met.
The court may suspend a sentence if the appellant is on bail during trial and there is no immediate hearing of the appeal, subject to compliance with certain conditions.
The court granted bail to the appellant pending appeal, emphasizing compliance with conditions to protect the victim and ensure legal proceedings.
Suspension of sentence and bail granted based on the appellant's prior bail status and time served, with conditions imposed.
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