$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI BADAL .....Appellant Through: Ms. Aakanksha Sharma and Mr.

Randeep Singh Gumber, Advocates versus STATE NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State with SI Sunil Chandra.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 08.12.2025 CRL.M.(BAIL) 1356/2025 (exemption)

1. By way of the present application, the applicant/appellant is seeking suspension of sentence, till the disposal of the present criminal appeal, awarded to him vide judgment dated 12.02.2025 and order on sentence dated 06.03.2025, passed by the learned Additional Sessions Judge-01, Special Court (POCSO), South District, Saket Courts, Delhi whereby the applicant/appellant stands convicted in case arising out of FIR bearing no. 502/2023, registered at Police Station Ambedkar Nagar, Delhi for the commission of offences punishable under Section 307 of Indian Penal Code, 1860 (hereafter ‘IPC’). The applicant/appellant herein has been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000/-, and in default of payment of fine, to further undergo simple imprisonment for a period of six months. The benefit of Section 428 of the Code of Criminal Procedure, 1973 (hereafter ‘Cr.P.C’) was extended to the applicant/appellant.

2. Issue notice. Mr. Manoj Pant, the learned APP accepts notice on behalf of the State. He fairly states that as per the nominal roll, the applicant/appellant has already undergone sentence of more than two years, out of five years awarded to him.

3. The learned counsel appearing on behalf of the applicant states that the applicant/appellant herein has prima-facie good case on merits and there is likelihood that the applicant/appellant would succeed in the present appeal. Therefore, it is prayed that the sentence awarded to him in the present case may be suspended during the pendency of the present appeal.

4. In light of the aforesaid facts and circumstances of the case, and especially the fact that he was already undergone sentence of more than two years out of five years, the present application is allowed. It is directed that the sentence awarded to the applicant/appellant shall remain suspended during the pendency of the present appeal, subject to his furnishing a personal bond to the tune of Rs. 10,000/- with one surety bond of the like amount, subject to satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions, subject to verification that the amount of fine be deposited with the learned Trial Court by the appellant:

i) The applicant/appellant shall not leave the country without prior permission of the concerned Court.

ii) In case of change of residential address/contact details and phone number, the applicant/appellant shall promptly inform the same to the concerned Trial Court.

5. Accordingly, the present application stands disposed of.

6. Admit.

7. List in due course.

8. The order be uploaded on the website forthwith.

DR. SWARANA KANTA SHARMA, J DECEMBER 08, 2025/ZP td