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2026 Supreme(Online)(Del) 2604

IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandrasekharan Sudha, J
Rajeev – Appellant
Versus
State Of Nct Of Delhi – Respondent
CRL.A. 1716/2025 | CRL.M.A. 38022/2025 | CRL.M.(BAIL) 2518/2025



Advocates:
For the Appellants/Petitioners: Kartik Kaushik, Deep Parashar, Rajeh Dahiya, Govind Rishi
For the Respondents: Utkarsh

The court has the discretion under Section 389 of the Code of Criminal Procedure to suspend the sentence of a convict during the pendency of an appeal, subject to satisfaction of conditions related to personal appearance and adherence to procedural requirements.

Headnote:The applicant sought the suspension of sentence awarded in a case under the Protection of Children from Sexual Offences (PoCSO) Act and the Indian Penal Code. The appellant was sentenced to imprisonment for one year and five months by the trial court. The court, considering the appeal, granted the suspension of the sentence pending the disposal of the appeal, subject to specific conditions including executing a bond, residing at a fixed address, and obtaining permission to travel abroad. The main issue was whether the sentence imposed on the appellant should be suspended during the pendency of the appeal under S. 389 of the Cr.P.C. The court observed that the suspension of sentence is discretionary and conditional, aimed at preserving the appellant's liberty during the appellate process while ensuring the integrity of the judicial proceedings. The sentence is suspended subject to the conditions of executing a personal bond with sureties, providing contact information to the police, and obtaining prior judicial approval before leaving the country.

Table of Content
1. grant of exemption for procedural requirements. (Para 1 , 2)
2. application for suspension of sentence pending appeal. (Para 3 , 4)
3. conditions for suspension of sentence during appeal. (Para 5 , 6 , 7 , 8)

O R D E R

CRL.M.A. 38022/2025

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.M.(BAIL) 2518/2025

3. This application under Section 389 of the Cr.P.C read with Section 430 of the Bharatiya Nagarik Suraksha Sanhita has been filed seeking suspension of the sentence awarded to the applicant/convict in Sessions Case No. 589 of 2018 on the file of the learned Additional Sessions Judge (Fast Track Special Court), North-West District, Rohini Courts, Delhi. The applicant/accused has been found guilty for the offences punishable under Section 11(iv) read with Section 12 of the PoCSO Act and Section 354D of the IPC. Vide the impugned order on sentence dated 10.12.2025, the appellant has been sentenced to undergo simple imprisonment for a period of one year and five months along with payment of fine of ₹30,000/-.

4. Issue notice. Notice is accepted by the learned Additional Public Prosecutor representing the respondent/State.

5. The impugned order on sentence dated 10.12.2025 is suspended during the pendency of the appeal on the appellant executing a bond of ₹10,000/- with two solvent sureties of the like amount each, subject to the satisfaction of the trial court, on the following conditions:

a. The appellant shall provide the address where he is residing to the Station House Officer concerned and shall not change the address without informing the Station House Officer concerned;

b. The appellant shall, under no circumstances, leave the country without the permission of the trial court;

c. The appellant shall give his mobile number to the Station House Officer concerned and if he changes his phone number, he shall inform the Station House Officer concerned without delay;

d. The appellant shall appear before this Court as and when directed.

e. In the event of violation of any of the afore-mentioned conditions, the suspension of sentence granted shall forthwith stand cancelled.

6. The application is disposed of as aforesaid.

7. A copy of this order be communicated electronically to the Jail Superintendent concerned for information and necessary compliance.

CRL.A. 1716/2025

8. List for hearing on 13.07.2026.

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