$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 17/2026 NEHA .....Appellant Through: Ms. Aishwarya Rao and Ms. Mani Rao, Advocates.

Versus THE STATE GNCT OF DELHI & ANR. .....Respondent Through: Mr. Satish Kumar, APP with Mr.

Upasana Bakshi, Advocate CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 17.02.2026 CRL.M.(BAIL) 20/2026 (Suspension of sentence)

1. By virtue of the present application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the appellant seeks suspension of the sentence imposed upon him vide order on sentence dated 07.03.2025 passed by the learned ASJ (Special Fast Track Court), East District, Karkardooma Courts, New Delhi, in case arising out of FIR No.696/2015 registered at PS.: Mandawali, Delhi under Sections 376D/323/342/365/506/34 of the Indian Penal Code, 1860 (IPC) as also grant of bail till the final disposal of the captioned appeal.

2. By way of the aforesaid order on sentence dated 07.03.2025, the appellant has been sentenced to undergo rigorous imprisonment for a period of twenty years alongwith a fine of Rs.50,000/-, in default whereof, to undergo simple imprisonment for a period of two months for offence under Section 376D of the IPC; to undergo rigorous imprisonment for a period of seven years alongwith a fine of Rs.50,000/- in default whereof, to undergo simple imprisonment for a period of two months for offence under Section 365 of the IPC; to undergo rigorous imprisonment for a period of one year for offence under Section 323 of the IPC; to undergo rigorous imprisonment for a period of one year for offence under Section 342 of the IPC; and to undergo rigorous imprisonment for a period of two years for offence under Section 506 of the IPC, all sentences to run concurrently.

3. At the outset, handing over copy of the orders dated 24.09.2025 and 31.10.2025 passed in Crl.A.1051/2025 and Crl.A. 598/2025, respectively, whereby a Co-ordinate Bench of this Court had suspended the sentence of two main co-accused involved in the FIR in question, learned counsel for the appellant submits that a similar relief be granted to the appellant in the present case. This, primarily, is the whole basis of suspension of sentence of the appellant herein.

4. On the other hand, learned APP for the State, handing over the Status Report dated 09.02.2026, which is taken on record, submits that since the allegations are serious in nature, the present application for suspension of sentence may not be allowed.

5. Considering the nature of the facts and circumstances involved, the time period undergone in judicial custody and more so, since the sentence of the co-convicts in the offences arising out of the aforesaid FIR has already been suspended by a Co-ordinate Bench of this Court vide orders dated 24.09.2025 and 31.10.2025 passed in Crl.A. 1051/2025 and Crl.A. 598/2025, respectively, this Court is inclined to allow the present application and suspend the sentence awarded to the appellant.

6. In light of the aforesaid, the sentence awarded to the appellant vide order on sentence dated 07.03.2025 passed by the learned ASJ and arising out of FIR No.696/2015 registered at PS.: Mandawali, Delhi under Sections 376D/323/342/365/506/34 of the IPC shall remain suspended, pending disposal of the captioned appeal, albeit, subject to the appellant furnishing a personal bond in the sum of Rs.10,000/- [Rupees Ten Thousand] and one surety of the like amount to the satisfaction of the concerned Jail Superintendent.

7. Accordingly, the appellant is directed to be released from judicial custody upon the following conditions:-

a. The appellant shall not leave the country without prior permission of this Court.

b. In case of any changes in the residential/ permanent address/ contact details/ phone number, the appellant shall inform this Court;

c. The appellant shall appear this Court if, as and when directed.

8. Accordingly, the present application is allowed and disposed of in the aforesaid terms.

9. A copy of this