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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 284/2022

MAHESH .....Appellant

Through: Ms.Manika Tripathy, Adv.

(DHCSLC) with Mr.Gautam

Yadav, Adv.

versus

THE STATE (GOVT OF NCT) DELHI & ANR.

.....Respondents

Through: Mr.Aman Usman, APP for the

State along with Mr.Manvendra

Yadav & Mr.Atiq Ur Rehman,

Advs.

SI Ankit, PS-Mehrauli.

Ms.Aishwarya Rao, Ms.Mansi Rao & Ms.Mamta Saha, Advs.

for Victim/Prosecutrix.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 16.01.2026

CRL.M.(BAIL) 1053/2025

1. This application has been filed on behalf of the appellant under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as, ‘BNSS’) read with Section 528 of the BNSS, seeking interim suspension of sentence for a period of 90 days during the pendency of the appeal, on the ground that the appellant has to find a suitable match for his eldest daughter, who is aged about 23

years.

2. The appellant has been convicted and sentenced to rigorous imprisonment for a period of 30 years under Section 376 of the Indian Penal Code, 1860 and Section 6 of the POCSO Act vide the impugned judgment dated 30.10.2021 and the order on sentence dated

16.12.2021.

3. The learned counsel for the appellant submits that the appellant’s family members consist of his wife who is doing a part time job as a labourer, two daughters and two minor sons, who are studying. Therefore, there is no other person who can arrange for the marriage of his eldest daughter.

4. The learned counsel for the appellant further submits that except for the present case, the appellant is not involved in any other criminal case. The appellant has undergone more than eleven years of incarceration and the appeal is not likely to be heard in the near future.

5. The above facts have been verified by the State.

6. Having considered the submissions made and keeping in view the above factors that have been urged by the appellant in the present application and the fact that the appellant has already undergone more than eleven years of incarceration, we direct an interim suspension of sentence of the appellant for a period of one month from the date of his release, subject upon his furnishing a personal bond in the sum of Rs. 10,000/- and one surety of the like amount to the satisfaction of the Jail Superintendent, and subject to the following conditions: -

I. The Appellant shall report to the duty officer of the concerned Police Station, that is, Mehrauli, the area of his residence, on every Sunday at 11:00 AM.

II. The appellant will not, in any manner, make contact with the victim or any of the witnesses of the present case.

III. The appellant shall inform the Investigating Officer the address at which he will be residing. He shall also intimate to the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in his residential address;

IV. The appellant is directed to provide his mobile number to the Investigating Officer and keep it operational at all times;

V. The appellant shall not indulge in any illegal or any unlawful behaviour during the period of his release on interim bail, and if he does so, the prosecution shall be free to seek cancellation of the Bail.

7. The present order be uploaded forthwith on the website and be communicated to the concerned Jail Superintendent for necessary information and compliance.

8. The application is disposed of in the above terms.

CRL.M.(BAIL) 783/2022

9. List on 14^th July, 2026.

NAVIN CHAWLA, J RAVINDER DUDEJA, J JANUARY 16, 2026/rv/pb