Mansi v. Pankaj Manik & ORS.

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P.

237/2025, CRL.M.A.

18333/2025 & CRL.M.A.

18334/2025 MANSI .....Petitioner Through:

Mr. Kabeer Shrivastava, Mr. Niraj Kumar Mishra, Advocates versus PANKAJ MANIK & ORS.

.....Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Raju Singh, PS Roop Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 02.07.2025 1.

The present criminal revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 seeks quashing of the order dated 28th February, 2025, passed by the Court of ASJ-04, Central District, Tis Hazari Courts, New Delhi,1 in Criminal Appeal No. 69/2025, titled as Pankaj Manik & Anr. vs. Mansi and Anr, whereby the sentence awarded against the Respondents vide sentence order dated 31st January, 2025 has been suspended during the pendency of the appeal proceedings. 2.

Counsel for the Petitioner argues that the impugned order is completely silent on the reasons for suspension of sentence and is therefore in conflict with the judgments of this Court and the Supreme Court. Further, 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 05/07/2025 at 09:37:46

it is submitted that while the Petitioner lays no challenge to the right of appeal of the Respondents, the Court ought not to have suspended the sentence in a mechanical manner.

3.

The Court has considered the aforenoted contentions. By the judgment of conviction dated 28th January, 2025 and order on sentence dated 31st January, 2025, which are pending in appeal, the Respondents have been inter alia convicted and sentenced to undergo rigorous imprisonment for a period of two years. Considering the period of sentence, the time period likely to be taken for deciding the appeal and the fact that Respondents were on bail during trial, in the opinion of this Court, the Appellate Court has applied its mind and appropriately suspended the sentence. There is no need for the Court to exercise its revisional jurisdiction and interfere with the impugned order.

4.

In light of the above, the present petition is dismissed along with pending applications.

5.

All rights and contentions of the parties are left open. SANJEEV NARULA, J JULY 2, 2025/ab 1 "the Appellate Court"

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 05/07/2025 at 09:37:46