The court may suspend a sentence of imprisonment pending appeal where the sentence is for a fixed short term and the appeal is unlikely to be heard in the near future, provided the applicant adheres to specified bail conditions.

O R D E R

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CRL.M.A. 12482/2026 (Exp.)

1. Allowed, subject to all just exceptions.

2. The present application is disposed of.

CRL.A. 402/2026

3. By virtue of the present appeal under Section 415 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 374 of the Code of Criminal Procedure, 1973, the appellant seeks setting aside of the judgment dated 24.03.2026 and order on sentence dated 25.03.2026 passed by learned Principle District and Sessions Judge, Shahdara District, Karkardooma Courts, Delhi (learned Trial Court) in SC No.225/2023 arising out of FIR No. 610/2015 registered at PS.: Seemapuri, Delhi under Sections 392/397/411/34 of the Indian Penal Code, 1860 (IPC). Vide order on sentence dated 25.03.2026, the appellant was sentenced to undergo rigorous imprisonment of three years alongwith fine of Rs.3,000/-, in default whereof, to undergo simple imprisonment of 30 days for offence under Section 392 of IPC.

4. For the reasons stated therein, Admit.

5. Issue notice. Learned APP appearing for the State accepts notice.

6. Let TCR be requisitioned in the digitised form from the learned Trial Court within a period of four weeks.

7. List this appeal in due course in the category of ‘Regulars’ as per the year of its seniority

CRL.M.(BAIL) 837/2026 (For suspension of sentence)

8. By virtue of the present application under Section 430 of BNSS, the appellant seeks suspension of sentence imposed upon him vide order on sentence dated 25.03.2026 passed by learned Principle District and Sessions Judge, Shahdara District, Karkardooma Courts, Delhi in SC No.225/2023 arising out of FIR No. 610/2015 registered at PS.: Seemapuri, Delhi under Sections 392/397/411/34 IPC whereby he has been sentenced to undergo rigorous imprisonment of three years with fine of Rs.3,000/-, in default whereof, to undergo simple imprisonment of 30 days for offence under Section 392 of IPC.

9. It is the case of the appellant that the maximum sentence imposed upon the appellant is three years; that he has a strong case on merits, with a reasonable likelihood of success in appeal; and lastly the present appeal, having been recently filed, is not likely to be taken up for final hearing in the immediate future and custody of the appellant would defeat the very purpose of the appeal.

10. Per contra, learned APP for the State fairly submits that in view of the maximum sentences awarded to the appellants, the application for suspension of sentence may be considered in accordance with law.

11. This Court has heard learned counsel for the parties as also perused the materials on record.

12. Considering the totality of the facts and circumstances involved herein, especially the fact that the appellant herein have been sentenced with a fixed term of sentence of three years and that the appeal filed by him has already been admitted and is not likely to be heard in the near future, and further bearing in mind the principles laid down by this Court in Bhagwan Rama Shinde Gosai & Ors. v. State of Gujarat:(1999) 4 SCC 421 and Aasif @ Pasha v. The State of U.P. & Ors.:2025 SCC OnLine SC 1644, the sentence awarded to the appellant vide order on sentence dated 25.03.2026, passed by learned Trial Court in SC No.225/2023 arising out of FIR No. 610/2015 registered at PS.: Seemapuri, Delhi under Sections 392/397/411/34 of the IPC shall remain suspended pending disposal of the captioned appeal, however, subject to the following conditions:

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

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

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

13. As such, the present application