$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1561/2025 POONAM AWASTHI .....Appellant Through: Mr. Manish Makhija, Ms. simran Makhija, Advs.

versus CENTRAL BUREAU OF INVESTIGATION .....Respondent Through: Mr Ripudaman Bhardwaj, SPP with Mr. Amit Kumar Rana, Adv.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 04.12.2025 CRL.M.(BAIL) 2323/2025 (Suspension of sentence)

1. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the appellant/applicant seeking interim suspension of sentence and grant of interim bail for a period of four weeks.

2. The brief facts necessary for the present adjudication are that the appellant was tried in CBI Case No. 189/2019 arising from FIR RC 09(A)/2006/SCU.V/CBI/SCR-II/New Delhi, wherein she was arrayed as an accused in relation to alleged irregularities concerning the Safdarjung Co-

operative Group Housing Society.

3. Vide judgment dated 13.10.2025, the learned Special Judgeconvicted the appellant for offences under Sections 120B read with 420/468/471 of the Indian Penal Code, 1860 (hereinafter “IPC”) and Section 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (hereinafter “PC Act”), apart from Section 420 IPC. The order on sentence dated 31.10.2025 directed the appellant to undergo rigorous imprisonment for five years for the offence under Section 420 IPC and six months for offences under Section 120B read with 420/468/471 IPC and Section 13(1)(d)(iii) PC Act, along with fines imposed. The appellant is in custody since 31.10.2025.

4. The impugned judgment proceeds, inter alia, on the finding that the appellant was part of a continuing conspiracy with other co-accused persons in the alleged revival of the Society and subsequent financial transactions. Her conviction rests mainly on the inference drawn from her role as Treasurer, her signatures on Society bank account documents and cheques, and her presumed association with other office bearers.

5. Learned counsel appearing on behalf of the applicant submitted that although her main application for suspension of sentence is already pending for consideration, a sudden medical emergency has arisen as the appellant’s mother, aged about 79 years, has been admitted in the ICU at Kailash Deepak Hospital, Vikas Marg, Delhi since 17.11.2025 with serious ailments including accelerated hypertension, CKD, Type-II diabetes, hypothyroidism and tubercular pleural effusion. The medical record placed on record (Annexure A) shows that her condition deteriorated on 19.11.2025 and the treating doctors have placed her on ventilator. It is urged that the appellant’s presence is necessary and that the appellant, being the eldest daughter, has been repeatedly sought by the mother. It is submitted that the appellant was on bail throughout trial, never misused liberty, has deep roots in society, and undertakes to comply with all conditions that may be imposed.

6. Learned SPP for the CBI, relying on the status report, submits that while the prosecution case on merits is serious, the medical record of the appellant’s mother has been verified, and her critical illness is not in dispute. It is further submitted that the prosecution leaves it to the discretion of the Court to pass appropriate orders in view of the humanitarian circumstances, subject to strict conditions to ensure that the appellant does not misuse the liberty.

7. Heard. Perused the material on record, including the medical documents placed along with the instant application, which clearly demonstrate the deteriorating health condition of the appellant’s mother, as well as the verification of the same in the status report.

8. In the considered view of this Court, the medical circumstances disclosed are grave and warrant a limited humanitarian intervention. The appellant remained on bail throughout trial and there is no allegation of her having misused liberty or having attempted to evade the process of law. The request is only for a short period