$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 929/2024 RAJBIR .....Appellant Through: Mr. Chetan Bhardwaj and Ms. Priyal Bhardwaj, Advocates.

versus THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the State with SI Babita Kumari, PS Aman Vihar.

Ms. Tanya Agarwal, Advocate (DHCLSC) with Mr. Krishna Kumar Kehsav and Mr. Gaurav Kumar, Advocates. CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

O R D E R

% 21.01.2026 CRL.M.(BAIL) 133/2026

1. This application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS) read with Section 528 BNSS has been filed seeking suspension of sentence of the appellant/accused in Sessions Case No. 51577/2016, on the file of the learned Additional Sessions Judge (POCSO), North-West District, Rohini Courts, Delhi. The appellant/accused has been convicted for the offences punishable under Sections 363, 366 and 174A and 376(2) of the Indian Penal Code, 1860 (the IPC) and Section 5(1) of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act) punishable under Section 6 of the PoCSO Act vide judgment dated 05.07.2024 and has been sentenced vide order on sentence dated 29.07.2024 to undergo rigorous imprisonment for a period of ten years along with fine to the tune of ₹20,000/- , and in default of payment of fine, to simple imprisonment for a period of six months for the offence punishable under Section 6 of the PoCSO Act, to undergo rigorous imprisonment for a period of seven years along with fine to the tune of ₹5,000/-, and in default of payment of fine, to simple imprisonment for a period of two months for the offence punishable under Section 3 IPC, to undergo rigorous imprisonment for a period of seven years along with fine to the tune of ₹5,000/- , and in default of payment of fine, to simple imprisonment for a period of two months for the offence punishable under Section 366 IPC, and to undergo rigorous imprisonment for a period of one and a half years along with fine to the tune of ₹2,000/- , and in default of payment of fine, to simple imprisonment for a period of one month for the offence punishable under Section 174A IPC. The sentences have been directed to run concurrently. The maximum period of imprisonment he will have to undergo is ten years. The benefit of Section 428 Cr.P.C. has been granted to the appellant/accused. The Nominal Roll as on 26.12.2025 shows that the appellant has already undergone sentence for a period of 4 years 7 months and 18 days and has been granted remission of about 03 months.

2. The learned counsel for the appellant has taken me through the Section 164 Statement of the victim who was examined before the Court as PW3.

3. In the facts and circumstances of the case and since the appellant/accused has served nearly half of the sentence and the appeal is of the year 2024, there is no possibility of the appeal being taken up in the near future.

4. Hence, the sentence of the appellant is suspended during the pendency of the appeal on execution of a personal bond of ₹25,000/- with two solvent sureties of the like amount each to the satisfaction of the trial courtsubject to the following conditions:-

(i) The appellant shall provide his mobile number to the Station House Officer (SHO)concerned, on which he shall remain available during the pendency of the present appeal. In case of change in the number, he shall inform the SHO forthwith.

(ii) In case of change of residential address or contact details, the appellant shall promptly inform the SHO concerned as well as to this Court.

(iii) The appellant shall not directly/indirectly try to contact the victim or any other prosecution witnesses.

(iv) The appellant shall appear before the Court as and when directed.

(v) The appellant is directed not to commit any offence(s) while on bail.

(vi) Needless to say, in the event of violation of any of the aforementioned condition(s), the suspension of sentence granted shall forthwith stand cancelled.

5. With