$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 991/2025 RAJEEV UPADHYAY .....Appellant Through: Mr. Adit S. Pujari, Adv. (DHCLSC)

and Mr. Bhavesh Seth, Adv.

versus STATE OF NCT OF DELHI ....Respondent Through: Mr. Ritesh Kumar Bahri, APP with Ms. Divya Yadav & Mr. Lalit Luthra, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 17.02.2026

1. This hearing has been done through hybrid mode.

CRL.M.(BAIL) 376/2026 (for suspensions of sentence)

2. The present application has been filed by the Appellant under Section 430 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking suspension of sentence and release on bail during the pendencyof the present appeal.

3. The Trial Court has convicted the Appellant under Section 376(2)(f)(n) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences, 2012 (hereinafter, ‘POCSO Act’) vide order on conviction dated 26th April, 2025 passed by the learned Additional Sessions 4. Vide order on sentence dated 7th May, 2025 passed by learned Delhi, the Appellant has been sentenced to undergo life imprisonment and fine has also been imposed.

5. It is noticed that the first application for suspension of sentence being CRL.M.(BAIL) 1524/2025 has been rejected by this Court vide order dated

17^th July 2025.

6. Thereafter, the Appellant has been granted an interim bail for a period of 8 weeks, vide order dated 10^th November, 2025 for conducting his daughter's wedding. On the expiry of the period of interimbail, the Appellant duly surrendered.

7. IssueNotice.Mr.RiteshKumarBahri,ld.APPacceptsnoticeonbehalf of the State.

8. Ld. APP shall verify the facts and file a status report by the next date of hearing.

9. A perusal of the impugned order on sentence shows that the victim in the present case has already expired. Vide the impugned order on sentence, certain compensation is directed to be paid to the mother of the victim by the Central District Legal Services Authority (hereinafter, ‘CDLSA’), Tis Hazari Courts.

10. Accordingly, issue notice to the family of the deceased victim. The same shall be served by the concerned Investigating officer.

11. Issue notice to the Secretary, CDLSA, Tis Hazari Courts.

12. Let a status report be filed bythe Secretary,CDLSA, Tis Hazari Courts about the disbursement of compensation.

13. The latest nominal roll be placed on record by the concerned Jail Superintendent by the next date of hearing.

14. Ld. Counsel for the Appellant shall file an affidavit stating the criminal antecedents of the Appellant. Let the same be verified by ld. APP.

15. The Registry is directed to requisition the TCR and prepare the appeal paperbookwithproperindexing,paginationandbookmarksexpeditiouslyand provide digitized copies thereof to ld. Counsels appearing on behalf of the parties, upon request.

16. Copy of this order be communicated to the concerned Jail Superintendent for necessary information and compliance.

17. Copy of this order be communicated to the Secretary, CDLSA, Tis Hazari Courts.

18. List on 8^th April, 2026. PRATHIBA M. SINGH, J.

MADHU JAIN, J.

FEBRUARY 17, 2026 Prg/sm