Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Del) 2558

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Jain, J
Bishamber – Appellant
Versus
State Of Delhi Nct – Respondent
CRL.A. 24/2026

Advocates:
For the Appellants/Petitioners: Gunjan Kumar
For the Respondents: Satinder Singh Bawa

The court admitted the criminal appeal and simultaneously initiated proceedings for suspension of sentence under the Bharatiya Nagarik Suraksha Sanhita, 2023, by directing the State to file a status report and nominal roll of the appellant.

Headnote:The case involves an appeal filed under the criminal appellate jurisdiction against a conviction under S. 376(2)(i) of the IPC and S. 6 of the POCSO Act. The Trial Court had imposed a sentence of 10 years rigorous imprisonment, a fine, and compensatory damages to a victim. The high court, upon review of the application for condonation of delay, exercised its discretion to condone the delay after the State's non-objection. The court formally admitted the appeal and requisitioned the lower court records (LCR). The primary issues center on the suspension of the sentence pending the outcome of the appeal. The court considered the procedural requirements under the Bharatiya Nagarik Suraksha Sanhita, 2023, while noting that an assessment of previous criminal history and current status reports is necessary to adjudicate the prayer for bail and sentence suspension. The ratio is that an appeal against a substantive sentence requires the filing of a status report and nominal roll to evaluate whether the convict should remain in custody during the pendency of the appeal. The administrative order allows the appeal to proceed to a full hearing while directions are issued for the filing of the status report, nominal roll, and criminal antecedents affidavit.

Table of Content
1. condonation of delay in criminal appeals. (Para 1 , 2 , 3)
2. summary of conviction and sentence imposed by trial court. (Para 4)
3. admission of appeal and requisition of trial records. (Para 5 , 6 , 7 , 8)
4. procedural requirements for suspending sentence pending criminal appeal. (Para 9 , 10 , 11 , 12 , 13)

O R D E R

% 08.01.2026

CRL.M.A.479/2026 & CRL.M.A. 481/2026 (exemption)

Exemption allowed, subject to all just exceptions.

CRL.M.A.480/2026 (seeking permission to file lengthy synopsis and list of dates)

For the reasons stated in the application, the application is allowed.

CRL.M.A. 482/2026 (delay in filing) & CRL.M.A. 483/2026 (delay in re-filing)

1. There is a delay of approximately 69 days in filing the present appeal and delay of 20 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.

4. The appellant has preferred the present appeal against the judgment dated 11.07.2025 passed by the learned Trial Court in Sessions Case No. 238/2017, whereby he has been held guilty of committing offence under Sections 376(2)(i) IPC and under Section 6 POCSO Act in FIR No. 268/2017, registered at police station Khajuri Khas, Delhi and vide Order on Sentence dated 21.07.2025 has been handed out sentence for 10 years rigorous imprisonment. A fine of Rs.20,000/- has also been imposed and in default thereof, there is direction to appellant to further undergo sentence for 3 months. The learned Trial Court, at the same time, has also awarded compensation of Rs.6 lacs to be paid to the victim.

5. Admit.

6. List this appeal as per its own turn.

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

8. List in due course.

CRL.M.(BAIL) 34/2026 (suspension of sentence)

9. The present application has been filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking suspension of sentence till pendency of the appeal.

10. Let Status Report and Nominal Roll be filed by the State before the next date of hearing.

11. Learned counsel for the petitioner would also file an affidavit specifying about his previous criminal involvement, if any, and in case, he was arrested and was released on bail, copy of the bail order shall also be annexed.

12. Notice be also issued to respondent No. 2 through concerned IO.

13. List on 17.02.2026.

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2026 Supreme(Online)(Del) 2558

IN THE HIGH COURT OF DELHI AT NEW DELHIManoj Jain, JBishamber – AppellantVersusState Of Delhi Nct – RespondentCRL.A. 24/2026

The court admitted the criminal appeal and simultaneously initiated proceedings for suspension of sentence under the Bharatiya Nagarik Suraksha Sanhita, 2023, by directing the State to file a status report and nominal roll of the appellant.

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Jain, J
Bishamber – Appellant
Versus
State Of Delhi Nct – Respondent
CRL.A. 24/2026