Delhi High Court - Orders
Gambhir Singh Negi vs State Of N.C.T. Of Delhi on 23 July, 2025
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 1021/2023
GAMBHIR SINGH NEGI .....Appellant
Through: Mr. Shailesh Madiyal, Senior
Advocate with Mr. Mahesh Thakur,
Ms. Divija Mahajan and Mr. Vineeth
Prasad, Advocates.
versus
STATE OF N.C.T. OF DELHI .....Respondent
Through: Ms. Shubhi Gupta, APP for State with
SI Shankar PS Dabri, Delhi
(M:7690007636).
Mr. Soibal Gupta and Mr. Himanshu
Swami, Advocates for the victim.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 23.07.2025 CRL.M.(BAIL) 1717/2023 (suspension of sentence by appellant)
1. The present application has been filed under Section 389 Cr.P.C., seeking suspension of sentence during the pendency of the appeal.
2. By way of the present appeal, the appellant seeks to assail the judgement of conviction dated 23.09.2023 vide which he has been convicted for offences punishable under Sections 341/506 IPC and under Section 9(1), 10 of POCSO Act and order on sentence dated 02.11.2023 vide which he has been directed to undergo rigorous imprisonment for a period of 5 years for the offence punishable under Section 10 of POCSO Act with fine of Rs.10,000/-, in default thereof to undergo SI for 3 months. He has also been sentenced to undergo sentence of one month for the offence under Section 341 IPC and to undergo SI for a period of six months under Section 506 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 23/07/2025 at 22:49:09 IPC. The benefit of Section 428 Cr.P.C. has also been provided to the appellant and all the sentences have been directed to run concurrently.
3. Learned Senior Counsel appearing for the appellant/applicant while addressing submissions has taken the Court through the statement of child victim recorded under Section 164 Cr.PC as well as the testimonies recorded before the Court. He submits that not only there is a delay of eight months in reporting the incident but also the statement qua various aspects of the incident is inconsistent. He further refers to the nominal roll to submit that the appellant has undergone sentence of about two years out of the total sentence of five years awarded to him. Reference is also made to the medical report dated 24.04.2024 received from the Office of the Senior Medical Officer, Dispensary, Central Jail No. 2, Tihar, New Delhi to submit that the applicant is a known case of COPD with OSA with BPH with bilateral eyes diminution of vision with left eye IMSC with drug allergy history to NSAIDS and is under regular follow-up.
4. The application is vehemently opposed by learned APP for the State duly assisted by learned counsel appearing for the victim.
5. Having gone through the statements as well as the testimony of the child victim and without expressing any further opinion on the merit of the case at this stage as well as looking into the period already undergone by the appellant in custody, which as per his nominal roll dated 13.05.2025 is one year seven months twenty one days along with remission of two months and twenty one days as on 13.05.2025 along with keeping in view his age of 66 years, the present application is allowed and the sentence of the appellant/applicant is suspended during the pendency of the appeal on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the 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 23/07/2025 at 22:49:09 like amount to the satisfaction of the concerned Trial Court/ Duty J.M./ link J.M./Jail Superintendent and also subject to the further following conditions:-
(i) The appellant shall provide his mobile number to the Investigating Officer on which he shall remain available during the pendency of the present appeal.
(ii) In case of change of residential address, the appellant shall promptly inform the same to the concerned Investigating Officer as well as to this Court.
(iii) The appellant shall regularly appear before the Court as and when the appeal is taken up for hearing.
6. With the above directions, the application is disposed of.
7. A copy of this order be communicated electronically forthwith to the concerned Jail Superintendent for information and necessary compliance.
8. Copy of this order be also uploaded on the website forthwith.
9. Needless to state that this Court has not expressed any opinion on the merits of the case and has made the observations only with regard to present application for suspension of sentence and nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the appeal of the case as the same has been expressed only for the purpose of the disposal of the present application.
CRL.M.(BAIL) 448/2024 (Interim suspension of sentence by appellant) In view of the order passed today in CRL.M.(BAIL) 1717/2023, this application has become infructuous and is disposed of accordingly.
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 23/07/2025 at 22:49:09 CRL.A. 1021/2023 List this appeal in due course at its own turn.
MANOJ KUMAR OHRI, J JULY 23, 2025/rd 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 23/07/2025 at 22:49:09