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2026 Supreme(Online)(Del) 1122

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Jain, J
Ajmer Singh – Appellant
Versus
State Nct Of Delhi – Respondent
CRL.A. 9/2026 | CRL.M.A. 151/2026 | CRL.M.A. 152/2026 | CRL.M.A. 153/2026 | CRL.M.A. 154/2026 | CRL.M.(BAIL) 9/2026



Advocates:
For the Appellants/Petitioners: Aakanksha Kaul, Aman Sahani
For the Respondents: Satinder Singh Bawa

The court admitted a criminal appeal against conviction and initiated proceedings to consider the suspension of a sentence under Section 430(1) of the BNSS, subject to the examination of the lower court record and state status reports.

Headnote:The appeal is filed under S.415 of the Bharatiya Nagrik Suraksha Sanhita, 2023, challenging the conviction and sentence for offenses under the Indian Penal Code and the Information Technology Act. The appellant contends that the prosecution's case is flawed due to the acquittal of a co-accused and the lack of evidence establishing the appellant's role in creating alleged obscene content. The Court has admitted the appeal and initiated the process for requisitioning the Lower Court Records to facilitate a comprehensive review of the conviction. The principal issues concern the evidentiary sufficiency regarding the creation of incriminating digital material and the consistency of the conviction given the acquittal of the co-accused. The Ratio Decidendi involves the appellate court's discretion to suspend a sentence pending appeal, contingent upon the filing of a status report and notice to the victim, while simultaneously reviewing the merits of the underlying conviction. The appeal is admitted for future hearing, and proceedings for the suspension of the sentence are currently pending awaiting police reports.

Table of Content
1. condonation of procedural delay in filing appeals. (Para 1 , 2 , 3)
2. basis of conviction under specific penal and it statutes. (Para 4 , 5)
3. admission of criminal appeal and requisition of trial records. (Para 6 , 7 , 8 , 9)
4. procedure for suspension of sentence pending appeal. (Para 10 , 11 , 12 , 13 , 14)

CRL.M.A. 151/2026 (for exemption)

Exemption allowed, subject to all just exceptions.

CRL.M.A. 152/2026 & CRL.M.A. 153/2026 (condonation of delay)

1. There is a delay of 78 days in filing the present appeal and delay of 80 days in re-filing the present appeal.

2. Learned APP for State appears on advance and, while reserving his rights and contentions, has no objection if delay is condoned.

3. In view of the above and keeping in mind the reasons assigned, delay is hereby condoned.

CRL.A. 9/2026

4. Present Criminal Appeal has been filed under section 415 of the Bharatiya Nagrik Suraksha Sanhita, 2023 ('BNSS') against the judgment dated 27.03.2025 and order on sentence dated 24.04.2025 passed by learned Addl. Sessions Judge, Special Fast Track Court, North-West District, Rohini Courts, Delhi.

5. Appellant has been held guilty for committing offences under Sections 376/506/354B IPC and 66E of Information & Technology Act, 2000. He has been sentenced as under:-

Section Period of Sentence Fine In default Sentence
376 IPC Fourteen years rigorous imprisonment Rs. 50,000/- Six months rigorous imprisonment
354B IPC Five years Rs. 10,000/- One month
506 IPC Two years Rs. 10,000/- One month
66E IT Act Three years Rs. 1,00,000/- Six months

6. Learned counsel for appellant submits that there is a big question mark over the truthfulness and veracity of the case of prosecution as co-accused has been given clean-chit by the learned Trial Court. According to him, there is no evidence to indicate that the alleged obscene videos were prepared by the appellant herein.

7. Admit.

8. Let LCR be requisitioned in digitized form and copy thereof be supplied to all concerned. Paper-book be also prepared.

9. List in due course.

CRL.M.(BAIL) 9/2026 (suspension of sentence)

10. The present application has been filed under Section 430 (1) of the Bharatiya Nagrik Suraksha Sanhita, 2023 , seeking suspension of sentence till pendency of the appeal.

11. Along with application seeking suspension of sentence, appellant has also filed affidavit mentioning therein that he has no other involvement or bad antecedents.

12. Let status report and nominal roll be filed by the State before the next date of hearing.

13. Notice be also issued to prosecutrix/respondent no. 2 through concerned IO.

14. List on 02.02.2026.

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