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B. P. COLABAWALLA
Mackvin Fernandes – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
1. The above Criminal Application is filed seeking suspension of sentence as well as for releasing the Applicant-Appellant on bail.
2. The above Criminal Appeal challenge the orders dtd. 1/2/2023 and 8/2/2023 convicting and sentencing the Applicant-Appellant. The Applicant-Appellant has been convicted under; (a) Sec. 363 of the IPC and is sentenced to three years rigorous imprisonment and to pay a fine of Rs.50,000.00, in default to undergo one month rigorous imprisonment; (b) Sec. 4 of the POCSO Act and is sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.1.00 lakh, in default to undergo two months rigorous imprisonment; (c) Sec. 8 of the POCSO Act and is sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.50,000.00, in default to undergo one month rigorous imprisonment; and (d) Sec. 12 of the POCSO Act and is sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.50,000.00, in default to undergo one month rigorous imprisonment. The sentences are to run concurrently. The above Appeal is admitted by this Court by a separate order passed today.
3. On the issue of suspension of sentence and relea
Suspension of sentence for fixed-term convictions should be granted liberally, barring exceptional circumstances, emphasizing the necessity of the victim's testimony in sexual offense cases.
The main legal point established in the judgment is the liberal consideration for suspension of sentence pending appeal, the exercise of judicious discretion in granting bail and suspending sentences....
When a convict is serving a fixed-term sentence and their appeal is unlikely to be heard promptly, courts should liberally exercise discretion to suspend the sentence, particularly if the convict has....
An appellate court may suspend the sentence of a convicted person and grant bail if the individual remained on bail during the trial and meets the statutory requirements under the BNSS, balancing the....
In cases of fixed-term incarceration, appellate courts should exercise discretion to grant relief pending appeal if the duration of proceedings risks rendering the challenge infructuous, absent evide....
The appellate court may exercise its discretion to suspend a short, fixed-term custodial sentence during the pendency of an appeal when there is no likelihood of the matter being heard in the near fu....
Prolonged custody and insufficient evidence justify suspension of sentence during appeal under the POCSO Act.
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