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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 41/2026

ROHIT .....Appellant

Through: Mr. Sarthak Karol (DHCLSC) , Ms.

Neelakshi Bhadauria, Ms.Tanishka Pawar, Mr Abhishek Kumar Singh,

Shashank Sharma, Advocates.

versus

STATE OF NCT OF DELHI AND ANR .....Respondents

Through: Mr. Raj Kumar, APP for State.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 13.01.2026

CRL.M.A. 955/2026 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.(BAIL) 62/2026 (suspension of sentence)

3. By way of the present application, the applicant is seeking suspension of sentence awarded to him vide order on sentence dated 16.10.2025, passed by the learned Additional Sessions Judge (FTSC) (POCSO), North West District, Rohini Courts, Delhi in Sessions Case bearing No. 123/2021, arising out of FIR bearing no. 46/2021, registered at Police Station Sultanpuri, Delhi whereby, the applicant has been convicted for the offence punishable under Section 8 of POCSO and has been sentenced to undergo rigorous imprisonment for a period of 03 years and to pay a fine of Rs.

2,000/- and in case of default in payment of the fine, to further undergo rigorous imprisonment for 01 years and a fine of Rs. 2,000/-, in default of rigorous imprisonment for 03 years and a fine of Rs. 2,000/-, in default of payment simple imprisonment for 01 month.

4. The learned counsel appearing on behalf of the applicant argues that the applicant herein has been in continuous incarceration for about 01 year and he is about 39 years of age. He further argues that his conduct during the period of incarceration has been satisfactory and nothing adverse has been recorded against him. Therefore, the sentence awarded to the appellant/applicant in the present case be suspended during the pendency of the present appeal.

5. The learned APP appearing on behalf of the State states that the allegations against the present applicant are serious in nature. Therefore, it is prayed that the sentence of the applicant not be suspended.

6. In light of the aforesaid facts and circumstances of the case, the present application is allowed. It is directed that the sentence awarded to the appellant/applicant shall remain suspended during the pendency of the present appeal, subject to his furnishing a personal bond to the tune of Rs. 10,000/- with one surety bond of the like amount, subject to satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions, subject to verification that the amount of fine be deposited with the learned Trial Court by the appellant:

i) The appellant/applicant shall not leave the country without prior permission of the concerned Court.

ii) In case of change of residential address/contact details and phone number, the applicant shall promptly inform the same to the concerned Trial Court.

7. Accordingly, the present application stands disposed of.

CRL.A. 41/2026

8. Admit.

9. Issue notice. The learned APP accepts notice.

10. List in due course.

11. The order be uploaded on the website forthwith.

DR. SWARANA KANTA SHARMA, J JANUARY 13, 2026/vc/r