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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 1705/2025

KSHITIJ DILIP NIKAM .....Appellant

Through: Mr. Pavan Narang, Sr. Adv. with

Mr. Abhay Singh, Ms. Ankita Agarwal,

Ms. Muskan Singh and Ms. Shrishti Pandey, Advs.

versus

CENTRAL BUREAU OF INVESTIGATION .....Respondent

Through: Mr. Vikrant Pachnanda, SPP for CBI,

Mr. Mukul Katyal and Ms. Bhavya Sheetal, Advs.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 22.12.2025

CRL.M.A. 37778/2025 (exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.A. 1705/2025

3. The present appeal, filed under Section 415(2) of the BNSS, 2023,

impugns judgment of conviction dated 29.11.2025 and the order on sentence

dated 04.12.2025, passed by the Court of learned Special Judge (PC Act),

CBI-21, Rouse Avenue Court Complex, New Delhi.

4. Admit.

5. List in due course.

6. In the meantime, the Registry is directed to requisition the digitized

copy of the Trial Court Record for the perusal of this Court with proper

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indexation, pagination and bookmarks.

CRL.M.(BAIL) 2502/2025 (Suspension of sentence)

7. The present application under Section 430 of the Bharatiya Nagrik

Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 389 of the

Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] read with Section

528 of BNSS (earlier Section 482 of CrPC) has been filed on behalf of the

applicant seeking suspension of order of sentence dated 04.12.2025 in the

order passed by the Court of the learned Special Judge (PC Act), CBI-21,

Rouse Avenue Court Complex, New Delhi.

8. Vide said order on sentence, the appellant/applicant has been

sentenced to undergo rigorous imprisonment for a period of three years and

to pay a fine of ₹ 50,000/- for the offence punishable under Section 7 of the

Prevention of Corruption Act, 1988.

9. Learned counsel for the appellant submits that the appellant has clean

antecedents and that the sentence awarded is only for a period of three years.

10. Issue notice.

11. Learned counsel appearing for Central Bureau of Investigation, on

advance notice, accepts notice and vehemently opposes the present

application for suspension of sentence submitting to the effect that the

impugned judgment and order on sentence have been passed in accordance

with the law and there is no illegality of any kind thereto.

12. Heard learned counsel for the parties and perused the material on

record.

13. The Hon’ble Supreme Court in Sudhir Kumar Jain v. State of Delhi

(MANU/SC/8988/2007), observed that Section 389 of the Code of Criminal

Procedure, 1973 (now Section 430 of the BNSS) empowers the Appellate

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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 06/02/2026 at 09:25:34

Courts to suspend sentences till the pendency of appeal where period of

sentence does not exceed 3 years. For ease of reference, the relevant

observations are reproduced as under:

“6. Keeping in view the fact that the appeals are not being disposed of

expeditiously by Appellate Courts, Legislature, in its wisdom, has enacted

Section 389, Code of Criminal Procedure Sub-section (3) of which

empowers the Trial Court to suspend the sentence of such convicts, who

have been convicted for a period not exceeding three years, for such

period as will afford them sufficient time to present an appeal. Section 389

also empowers the Appellate Court including the High Court to suspend

the sentence and release the convict on bail during the pendency of the

appeal in case the period of sentence does not exceed three years.”

14. The controlling principles regarding suspension of sentence are settled

by the Hon’ble Supreme Court. For suspension of sentences,