The court granted bail pending appeal, emphasizing the right to appeal and the potential injustice of prolonged incarceration if the conviction is later overturned.

ORDER :

1. Leave granted.

2. The appellant, having been convicted by the trial court for commission of offence punishable under Sections 354(A) / 354(D) of the Indian Penal Code, 1860 and Sections 9 / 10 of the Protection of Children from Sexual Offence Act, 2012 and sentenced to 5 years’ simple imprisonment vide judgment and order dated May 06, 2023, filed an appeal¹[CRL. A. 583/2023] before the High Court of Delhi²[High Court]. The appeal is pending.

3. In connection with the said appeal, the appellant applied under Section 389(1) of the Code of Criminal Procedure, 1973³[Cr. PC] for suspension of sentence and release on bail. Such application, however, has been rejected by the impugned judgment and order dated August 07, 2024 of the High Court. This appeal is directed against such rejection.

4. Having heard learned counsel for the parties and on perusal of the materials on record, we are of the considered opinion that the appellant has made out sufficient ground for suspension of sentence and consequent release on bail, during the pendency of the appeal before the High Court.

5. We have noted that the appellant has been behind bars for two years and eight months as on date, i.e., for more than half of the prison term imposed by the trial court.

6. Right to appeal is a statutory right conferred by the Cr. PC. Having regard to the immense burden on Judges of the High Court hearing criminal appeals, any early decision on the appeal filed by the appellant does not seem to be a real possibility. Should relief claimed be not granted and the appellant made to suffer incarceration further and the prison term also gets over, justice could turn out to be illusory for him in the event the High Court, in future, were to reverse the conviction and set aside the same together with the sentence.

7. Having regard thereto, we set aside the impugned judgment and order. The appellant shall be released on bail subject to such terms and conditions as may be imposed by the trial court, pending decision on his appeal by the High Court.

8. Subject to its convenience, the roster bench of the High Court may expedite hearing of the appeal.

9. Needless to observe, the appellant shall diligently participate in the proceedings of the appeal. Should the appellant’s counsel remain absent without justifiable cause when the appeal is taken up for hearing or counsel engaged by him is not prepared to argue the appeal, the High Court shall be at liberty to cancel the bail of the appellant.

10. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.

11. The appeal is, accordingly, allowed on the aforesaid terms.

12. Pending application(s), if any, stand disposed of.