CRL.M.(BAIL) 95/2026 (Suspension of sentence)

1. Status Report and the written synopsis has been handed over by the learned APP and the learned counsel for the complainant, respectively, which are taken on record.

2. By virtue of the present application under Section 430 read with Section 528 the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellant seeks suspension of sentence awarded to him vide order on sentence dated 04.06.2025, passed by learned ASJ(SC-POCSO)-02, North East District, Karkardooma District Courts, Delhi (learned Trial Court) in SC No.336/2019 arising out of FIR No.148/2019 registered at PS: Sonia Vihar, Delhi under Section 354/354-B of the Indian Penal Code, 1860 (IPC) and Section 10 of the POCSO Act, whereby he has been sentenced to undergo rigorous imprisonment for a period of one year alongwith a fine of Rs.5,000/-, in default whereof to undergo rigorous imprisonment for a period of two months, for offences under Section 354 IPC and rigorous imprisonment for a period of five years alongwith a fine of Rs.10,000/-, in default whereof to undergo simple imprisonment for a period of six months, for offences under Section 10 of the POCSO Act. Both the sentences have been directed to run concurrently.

3. As per appellant, he had already undergone nearly two year five months out of total 5 years of the sentence awarded to him; the maximum sentence imposed upon the appellant is five years; that his conduct in jail has been satisfactory; that he has a strong case on merits, with a reasonable likelihood of success in the present revision petition; and lastly the present revision petition, having been recently filed, is not likely to be taken up for final hearing in the immediate future and continued custody of the appellant would defeat the very purpose of the revision.

4. Per contra, learned APP for the State fairly submits that the application for suspension of sentence may be considered in accordance with law.

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

6. Considering the totality of the facts and circumstances involved herein, especially the fact that the appellant has already served around half of his fixed term sentence of five year and that the appeal filed by him has already been admitted and is pending before this Court and will take time to be heard and adjudicated upon, and further bearing in mind the principles laid down by the Hon’ble Supreme Court in Bhagwan Rama Shinde Gosai & Ors. v. State of Gujarat:(1999) 4 SCC 421, Aasif @ Pasha v. The State of U.P. & Ors.:2025 SCC OnLine SC 1644, Sonadhar v. The State of Chhattisgarh : SLP (Crl.) 529/2021 vide order dated 6th October, 2021, as well as Saudan Singh v. State of Uttar Pradesh : 2021 SCC OnLine SC 3259, the sentence awarded to the appellant vide order on sentence dated 04.06.2025, passed by learned Trial Court in SC No.336/2019 arising out of FIR No.148/2019 registered at PS: Sonia Vihar, Delhi under Section 354/354B of the Indian Penal Code, 1860 and Section 10 of the POCSO Act shall remain suspended pending disposal of the captioned appeal, however, subject to the following conditions:

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

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

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

7. Accordingly, the appellant shall be released from judicial custody, subject to furnishing a personal bond in the sum of Rs.25,000/- [Rupees Twenty Five Thousand Only] and one surety of the like amount to the satisfaction of the concerned Jail Superintendent.

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

9. A copy of this order be forwarded to the concerned Jail Superintendent for information and compliance.