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Home › Suspension of Sentence: PC Act
Delhi High Court · 4 November 2026

Appeal Must Not Become Illusory: Sentence Suspended Where Trap Evidence Showed No Demand

With the complainant and the shadow witness both saying the convicted clerk never demanded a bribe, and the appeal unlikely to be heard soon, the court suspended the sentence and granted bail.

In Chander Pal Singh v. Central Bureau of Investigation & Ors. (CRL.A. 691/2026, decided 4 November 2026), Justice Mini Pushkarna of the High Court of Delhi suspended the sentence of a DSIIDC dealing clerk convicted in a CBI trap case under the Prevention of Corruption Act read with Section 120B IPC and sentenced in July 2026 to four years’ rigorous imprisonment on each of two counts. The court found a prima facie case in the appellant’s favour on the record itself — the complainant and the shadow witness had deposed that he made no demand — and held that keeping him in custody while the appeal awaited its turn would render the appeal illusory.

The case in one view

CaseChander Pal Singh v. CBI & Ors., CRL.A. 691/2026
CourtHigh Court of Delhi, Mini Pushkarna J
Decided4 November 2026 (reserved 9 October 2026)
ConvictionPrevention of Corruption Act, 1988 read with Section 120B IPC; Special Judge (PC Act) (CBI), Rouse Avenue — conviction of 6 July 2026, sentence of 16 July 2026
SentenceFour years’ RI and fine of Rs 20,000 on each of two counts, concurrent
OutcomeSentence suspended pending appeal; bail granted

The trap case

The CBI registered the case in April 2021 on a complaint by an allottee of an industrial plot who was pursuing execution of a lease deed with DSIIDC. The prosecution alleged that middlemen demanded a bribe to move the file through the appellant, the dealing clerk, and that in the trap one middleman was caught accepting Rs 10,000. The link to the appellant rested on a phone call said to confirm the file’s approval and an alleged instruction not to disclose it. The appellant was convicted and sentenced in July 2026, paid the fine, and appealed.

Why the sentence was suspended

Three strands came together, each drawn from the record rather than argument:

No demand, on the prosecution’s own witnesses. The complainant and the shadow witness deposed that the appellant made no demand. The judgment invokes the Supreme Court’s ruling in B. Jayaraj: demand is a sine qua non of the offence. Para 16 records the result plainly — “Thus, a prima facie case has been made out by the appellant.”
No recovery, no mention. The investigating officer accepted in evidence that the verification report did not mention the appellant and that nothing was recovered from him.
Appeal timelines. In the court’s words (para 17), “Where the chance of the appeal being heard in the near future is remote, that is a valid consideration” — a four-year term could be substantially served before the appeal is ever reached.

The court also noted the appellant’s conduct: he had remained on bail throughout the trial without misuse. The application was allowed on a bond of Rs 25,000 with one surety and the usual reporting, address and travel conditions, with the observations expressly confined to the suspension question.

Suspension in fixed-term sentences: the working rule

The decision applies a principle that recurs across appellate practice in Delhi: in fixed-term sentence cases — as opposed to life sentences — suspension is approached with relative liberality, because the right of appeal loses meaning if the sentence is served while the appeal waits. The appellant must still show something on the record; here, the gap between the trap’s paperwork and the appellant’s role supplied it. Arguments on electronic-evidence certification and prior sanction, also raised, were left for the appeal itself.

Practical notes for convicts and complainants

For a convicted appellant, the suspension application is often the most urgent filing after judgment: it should marshal the specific depositions and documents that create the prima facie doubt, state custody dates precisely, and demonstrate clean conduct on bail during trial. For the prosecution, the case is a reminder that trap convictions which rest on inference rather than proved demand are vulnerable at the suspension stage, well before the appeal is decided. Nothing in the order forecasts the outcome of the appeal — that question remains entirely open.

Frequently Asked Questions

What does suspension of sentence pending appeal involve?

When a convict appeals, the appellate court may suspend execution of the sentence and release the appellant on bail. The court does not decide the appeal at this stage; it takes a prima facie view of the record and weighs the realistic time the appeal will take. Where a fixed-term sentence is involved and the appeal is unlikely to be heard soon, courts guard against the sentence being substantially served before the appeal is decided.

What tilted the prima facie view here?

The trial record itself. The complainant and the shadow witness — the two persons at the heart of any trap case — deposed that the appellant made no demand, and the investigating officer accepted that the verification report did not name him and that no recovery was made from him. The judgment cites the Supreme Court's decision in B. Jayaraj for the settled position that proof of demand is a sine qua non for the offence of bribery.

Does suspension mean the conviction is doubtful?

Not as a finding. The court expressly confined its observations to the suspension application. The conviction stands and will be tested fully when the appeal is heard; suspension only decides who bears the cost of the waiting period.

What conditions accompanied the release?

A personal bond of Rs 25,000 with one surety of the same amount, a working mobile number and current address on record with the investigating agency, appearance when the appeal is listed, and no travel outside India without the court's permission.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 10 November 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.