$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1728/2025 SHIV KUMAR THROUGH HIS PAROKAR SMT. POOJA DEVI .....Appellant Through: Dr. M.K. Gahlaut, Advocate.

versus STATE NCT OF DELHI THROUGH ITGS SHO POLICE STATION DABRI .....Respondent Through: Mr. Utkarsh, APP for the State with Inspector Bikramjeet and SI Dharmveer.

CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

O R D E R

% 18.02.2026 CRL.M.(BAIL) 2539/2025

1. This application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking suspension of sentence of the sole accused in Sessions Case No. 376/2018, on the file of the Additional Sessions Judge-01 (FTSC) (POCSO), Vide Dwarka Courts, Delhi. judgment dated 05.07.2025, the accused has been found guilty of the offences punishable under Sections 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act) and 506 of the Indian Penal vide Code, 1973 (the IPC) and order on sentence dated 19.07.2025, has been sentenced to rigorous imprisonment for a period of five years along with a fine of ₹2,000/- for the offence punishable under Section 10 of the PoCSO Act; to simple imprisonment for a period of one year for the offence punishable under Section 12 of the PoCSO Act and to simple imprisonment for a period of one year along for the offence punishable under Section 506 IPC. The sentences have been directed to run concurrently. Therefore the maximum period that he has to undergone is for a period of five years.

2. The learned counsel for the appellant submits that he has already undergone the sentence for a period of 8 months.

3. The learned Additional Public Prosecutor submits that he has no criminal antecedents.

4. The appeal being of the year 2025, there is no possibility of the appeal being heard in the near future. Hence, the sentence imposed upon the appellant/accused is suspended during the pendency of the appeal executing a bond of ₹15,000/- with two solvent sureties of the like amount each, subject to the satisfaction of the trial court, on the following conditions:

(i) The appellant shall not commit any offence(s) while on bail and shall appear before this Court as and when directed.

(ii) The appellant shall provide his mobile number and residential address to the Station House Officer (SHO) concerned, on which he shall remain available. In case of change of mobile number or residential address, the appellant shall promptly inform the SHO concerned as well as this Court.

(iii) The appellant shall not directly/indirectly contact the victim or any of the other prosecution witnesses.

(iv) The appellant shall appear before the Court as and when directed.

(v) Needless to say, in the event of violation of any of the aforementioned condition(s), the suspension of sentence granted shall forthwith stand cancelled.

5. With the above directions, the application is disposed of.

6. A copy of this order be communicated electronically to the Jail Superintendent concerned for information and compliance.

7. The application is disposed of.

CRL.A. 1728/2025

8. List for hearing on 12.10.2026. CHANDRASEKHARAN SUDHA, J FEBRUARY 18, 2026/mj