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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 439/2023

SANDEEP KUMAR .....Appellant

Through: Mr. Amit Kumar, Advocate.

versus

STATE NCT OF DELHI .....Respondent

Through: Mr Pradeep Gahalot, APP for State

with SI Sunder Singh pS Nangloi,

Delhi.

Ms. Gayatri Nandwani, Ms. Mudita

Sharda and Mr. Adrian Abbi,

Advocates for Prosecutrix.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.12.2025

CRL.M.(BAIL) 2531/2025 (suspension of sentence)

1. The present application has been filed seeking suspension of sentence

during the pendency of the appeal.

2. By way of the present appeal, the appellant/applicant seeks to assail

the judgment of conviction dated 30.08.2022 and the order on sentence

dated 11.11.2022, whereby he has been sentenced to undergo rigorous

imprisonment for a period of ten years along with a fine of Rs.10,000/-, and

in default of payment of fine, to undergo simple imprisonment for six

months, for the offence punishable under Section 4 of the POCSO Act. He

has further been sentenced to undergo simple imprisonment for one month

for the offence punishable under Section 341 of the IPC. Additionally, he

has been sentenced to undergo simple imprisonment for three years along

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 00:49:26

with a fine of Rs.5,000/-, and in default thereof, to undergo simple

imprisonment for six months, for the offence punishable under Section 174-

A IPC. The benefit of Section 428 Cr.P.C. has been extended to the

appellant, and all the sentences have been directed to run concurrently.

3. Learned counsel for the appellant/applicant contends that the

prosecution case is not supported by any medical or forensic evidence. He

further submits that the appellant/applicant was granted interim suspension

of sentence on two earlier occasions and that he neither misused the liberty

so granted nor violated any of the conditions imposed, having duly

surrendered within the stipulated time. It is also urged that the appellant has

already undergone more than half of the substantive sentence imposed upon

him. Reliance in this regard is also placed on the decisions in Saudan Singh

vs. The State of Uttar Pradesh, 2021 SCC OnLine SC 3259 and Sonadhar vs. The State of Chhattisgarh, 2021 SCC OnLine SC 3182

4. The application is opposed by the learned APP for the State, duly

assisted by learned counsel appearing for the victim. It is submitted that the

identity of the appellant/applicant is not in dispute. It is further contended

that the appellant had absconded during the course of the trial.

5. I have heard learned counsel for the parties and perused the record

placed before me.

6. Considering that the contentions raised would require a detailed

examination of the case on merits at the stage of final hearing of the present

appeal, and having regard to the testimony of the victim as well as the

nominal roll of the appellant, which reflects that the appellant has already

undergone about five years and three months of custody including

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 00:49:26

remission, and further in view of the principles laid down in the

aforementioned decisions, the sentence of the appellant/applicant is

suspended during the pendency of the appeal on his furnishing of a personal

bond in the sum of Rs. 10,000/- with one surety of the like amount to the

satisfaction of the concerned Trial Court/ Duty J.M./ link J.M./Jail

Superintendent and also subject to the further following conditions:-

(i) In case of change of residential address, the appellant

shall promptly inform the same to the concerned

Investigating Officer as well as to this Court.

(ii) The appellant shall regularly appear before the