Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Sandeep Gaba vs State Of Nct Of Delhi on 3 February, 2026

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~100
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CRL.A. 127/2026
                                    SANDEEP GABA                                                          .....Appellant
                                                                  Through:            Mr. Birendra Kumar Pandey, Mr.
                                                                                      U.M. Tripathi, Ms. Supriya
                                                                                      Sharma, Mr. Vikash K. Singh, Ms.
                                                                                      Mrinal Kaushik, Advocates.
                                                                  versus

                                    STATE OF NCT OF DELHI                                               .....Respondent
                                                  Through:                            Mr. Ajay Vikram Singh, APP.
                                                                                      SI Ashwini Kumar, PS-Rajouri
                                                                                      Garden.
                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN
                                                ORDER

% 03.02.2026 CRL.M.A. 3572/2026 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

1. The appellant assails a judgment of conviction dated 12.01.2026, by which he has been convicted of offences under Sections 308/323/34 of the Indian Penal Code, 1860, and an order of sentence dated 19.01.2026, by which he has been sentenced to rigorous imprisonment for a period of two years and a fine of Rs.10,000/- under Section 308/34 of the IPC and rigorous imprisonment of six months and fine of Rs.1,000/- under Section 323/34 of IPC, passed by the Additional Sessions Judge, Fast Track Courts, District West, Tis Hazari Courts, Delhi ["Sessions Court"].

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 03/02/2026 at 20:41:03

2. The appeal is admitted.

3. The Registry is directed to requisition the digitised copy of the Trial Court record, with proper indexation, pagination, and bookmarks.The same be supplied to learned counsel for the parties.

4. The appeal be listed in the Regular List in its own turn. CRL.M.(BAIL) 236/2026 (suspension of sentence)

1. Issue notice. Mr. Ajay Vikram Singh, learned Additional Public Prosecutor for the State, accepts notice on behalf of the State.

2. The appellant seeks suspension of sentence in connection with the aforesaid offences. As the sentence of the appellant is of less than three years, he is entitled to the benefit of Section 389(3) of the Code of Criminal Procedure, 1973 ["CrPC"] [corresponding to Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023].

3. The Supreme Court in Sudhir Kumar Jain v. State of Delhi[Criminal Appeal No. 1652/2007, decided on 30.11.2007], observed that Section 389 of the CrPC, empowers the Appellate Courts to suspend sentences during the pendency of appeals, where the period of sentence does not exceed three years. The Court observed as follows:

"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."

4. It is stated that the appellant has been in custody for nine months and 16 days as of 19.01.2026. The sentence was suspended for a period of CRL.A. 127/2026 Page 2 of 3 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 03/02/2026 at 20:41:03 30 days by the order of learned Additional Sessions Judge dated 19.01.2026. The fine imposed upon the appellant has already been paid.

5. In the light of the above, the sentence imposed upon the appellant will remain suspended during the pendency of the appeal, subject to the appellant furnishing a bail bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned Sessions Court, and subject to further conditions:

a. The appellant shall provide his mobile number to the concerned Investigating Officer ["IO"] / Station House Officer, which shall be kept in a working condition at all times. The mobile number shall not be switched off or changed without prior intimation to the IO during the pendency of the appeal.

b. The appellant shall furnish his permanent address to the IO, as also the address where he is residing during the pendency of the appeal, within one week from today, and will inform the IO and this Court in case of any change in address.

c. The appellant will appear before the Court as and when the appeal is taken up for hearing. The appellant shall not leave the country without the permission of the Court.

d. The appellant shall not commit any offence during the period of their release.

6. The application is disposed of.

PRATEEK JALAN, J FEBRUARY 3, 2026 'Bhupi/JM'/ CRL.A. 127/2026 Page 3 of 3 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 03/02/2026 at 20:41:03