Full Text
HIGH COURT OF DELHI
ASHWANI @ SUNNY .....Appellant
Through: Mr. Raj Kumar and Mr. Monis Rizwan and Mr. Aviram Neeher, Advocates.
Through: Mr. Raghuinder Verma, APP for State
SI Shailja in person
JUDGMENT
1. The present application has been filed under Section 389 of the Code of Criminal Procedure, 1973, read with section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of the appellant seeking suspension of execution of the order on sentence dated 25.03.2025 as well as grant of bail.
2. Through the impugned order on sentence, appellant was sentenced to undergo rigorous imprisonment of 10 years and pay a fine of ₹ 2,000/- for commission of offences punishable under Section 6 of the Protection of Children from the Commission of Sexual CRL.M.(BAIL) 923/2025 inCRL.A. 555/2025 Offences Act, 2012, as well as Section 376(2)(n) of the Indian Penal Code, 1860. Lastly, a sum of ₹ 10,50,000/- was directed to be paid as final compensation to the victim.
3. The appellant has spent around 8 months in judicial custody. His nominal roll reflects no criminal antecedents and satisfactory jail conduct.
4. Considering the gravity of offence for which the appellant was convicted under Section 6 POCSO, i.e., committing penetrative sexual assault on multiple occasions upon the minor victim, as well as the fraction of time served by him (8 months) when weighed against the sentence of 10 years rigorous imprisonment meted out to him, this Court finds no reason to suspend the execution of the appellant’s sentence and enlarge him on bail during the pendency of his appeal.
5. The application is dismissed for the aforesaid reasons. CRL.A. 555/2025
6. Issue notice.
7. Learned APP appears for the State on advance notice and accepts notice.
8. Admit.
9. List in due course.
10. Let Trial Court Record be requisitioned in electronic form; let appeal paper-book be prepared; and let a copy of the paper-book be supplied to both counsel on request. AJAY DIGPAUL, J. SEPTEMBER 26, 2025/gs/av