Delhi High Court – Orders
Kapil vs State (Govt. Of Nct Of Delhi) on 3 April, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 432/2025
KAPIL .....Appellant
Through: Mr. Sermon Rawat, Ms. Kimmi
Brara, Mr. Vikas Rathee and Mr.
Jasjeet Singh Maswaha, Advocates.
versus
STATE (GOVT. OF NCT OF DELHI) .....Respondent
Through: Mr. Hemant Mehla, APP for State.
SI Prashant, PS: Khanjawala.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 03.04.2025
CRL.M.A. 10146/2025 (seeking exemption)
1. Exemption is granted, subject to all just exceptions.
2. The Appellant shall file legible and clearer copies of exempted
documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
CRL.A. 432/2025
4. The present appeal filed under Section 415 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 impugns judgment of conviction dated 11th
February, 2025 and order of sentence dated 03rd March, 2025 passed by the
ASJ-01 (POCSO), North West, Rohini, District Courts. The said decisions
arise out of FIR No. 334/2017 registered at P.S. Khanjawala. Appellant was
subsequently convicted under Sections 323/451/506/34 of the Indian Penal
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Code, 1860.
5. Admit.
6. List in due course.
7. The Registry is directed to requisition the digitized copy of the Trial
Court Record for the perusal of this Court with proper indexation,
pagination and bookmarks.
CRL.M.(BAIL) 738/2025 (seeking suspension of sentence)
8. Through the instant application, the Appellant seeks suspension of
sentence till the disposal of the present appeal.
9. Issue notice. Mr. Hemant Mehla, APP for the State, accepts notice.
10. By order of sentence dated 03rd March, 2025, the Appellant has been
sentenced to undergo rigorous imprisonment for a period of 6 months under
Sections 323/34 of IPC and fine of INR 1,000/- with default sentence of
simple imprisonment of 5 days; rigorous imprisonment for a period of 6
months under Sections 451/34 of IPC and fine of INR 5,000/- with default
sentence of simple imprisonment of 1 month; rigorous imprisonment for a
period of 6 months under Sections 506/34 of IPC and fine of INR 5,000/-,
with default sentence of simple imprisonment of 1 month. All these
sentences were directed to run concurrently.
11. The order of sentence also records that an application under Section
389 of the Code of Criminal Procedure, 1973 was filed by the Appellant,
which was allowed and the Appellant’s sentence was suspended for a period
of 1 month subject to furnishing bail bond in the sum of INR 15,000/-,
which were duly furnished and accepted by the Trial Court till 3rd April,
2025.
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12. The Supreme Court in Sudhir Kumar Jain v. State of Delhi,1
observed that Section 389 of the Code of Criminal Procedure, 1973
empowers the Appellate Courts to suspend sentences till the pendency of
appeal where period of sentence does not exceed 3 years. For ease of
reference, the relevant observations are reproduced as under:
“6. Keeping in view the fact that the appeals are not being disposed of
expeditiously by Appellate Courts, Legislature, in its wisdom, has enacted
Section 389, Code of Criminal Procedure Sub-section (3) of which
empowers the Trial Court to suspend the sentence of such convicts, who
have been convicted for a period not exceeding three years, for such
period as will afford them sufficient time to present an appeal. Section 389
also empowers the Appellate Court including the High Court to suspend
the sentence and release the convict on bail during the pendency of the
appeal in case the period of sentence does not exceed three years.”
13. Considering that the sentence awarded to the Appellant is
imprisonment for a period of 6 months and the appeal is unlikely to come up
for hearing in the near future, this Court deems it fit to suspend the sentence
of the Appellant during the pendency of the appeal. However, the Appellant
shall pay the fine imposed in the order of sentence, if not already paid,
within a period of one week.
14. Accordingly, the Appellant shall be released on bail, subject to him
furnishing a bail bond in the sum of INR 25,000/- with one surety of the like
amount, subject to the satisfaction of the concerned Jail Superintendent/Trial
Court/ Duty MM on the following conditions:
(a) The Appellant shall provide his mobile number(s) to the Investigating
Officer2 concerned, which shall be kept in a working condition at all times
and shall not switch off or change the mobile number without prior1
MANU/SC/8988/2007
2
“IO”
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intimation to the IO concerned during the period of suspension of sentence.
(b) The Appellant shall furnish his permanent address to the IO within
two weeks of his release and in case he changes his address, he will inform
the IO concerned and this Court;
(c) The Appellant shall appear before the Court as and when the appeal is
taken up for hearing;
(d) The Appellant shall not leave the country without the permission of
this Court;
(e) The Appellant shall not commit any offence during the period of his
release.
(f) The Appellant shall appear before the concerned Investigating Officer
on the first Monday of every three months at 2:00 PM to mark his presence.
However, he shall not be kept waiting for longer than one hour for this
purpose.
15. The application is allowed in the afore-mentioned terms.
16. Dasti under the signatures of Court Master.
SANJEEV NARULA, J
APRIL 3, 2025
d.negi
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/04/2025 at 22:27:24
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