The court may suspend a sentence pending appeal if the accused has served a substantial part of the sentence and the appeal is unlikely to be heard soon, emphasizing the right to personal liberty.

ORDER :

CRL. A. 415/2020

1. The present appeal is filed against the judgment dated 18.01.2020 and the order on sentence dated 28.01.2020, passed by the learned Special Judge (POCSO Act) / ASJ-05 (Central), Tis Hazari Court, Delhi, in Session Case No. 227/18 arising out of FIR No. 694/17, registered at Police Station Burari, for offences under Sections 376 of the Indian Penal Code, 1860 and Section 8/10/12 of the Protection of Children from Sexual Offences Act, 2012.

2. The present appeal was admitted by order dated 30.07.2021.

3. List in due course.

CRL.M.(BAIL) 607/2024 & CRL.M.(BAIL) 70/2025

4. CRL.M.(BAIL) 607/2024 has been filed by the appellant seeking suspension of sentence and his release on bail during the pendency of the present appeal.

5. CRL.M.(BAIL) 70/2025 has been filed by the appellant seeking interim suspension of sentence and grant of interim bail for a period of two months, during the pendency of the present appeal, in order to enable the appellant to arrange separate accommodation for his wife and minor daughters.

6. It is pointed out that the appellant has already undergone half of the sentence. It is stated that out of the 15 years of sentence awarded, the unexpired portion as on 15.03.2025 is 06 years and 09 months.

7. The appellant is stated to be belonging to a lower economic strata of the society. At the time when the appellant was taken into custody, it is stated that the appellant was working as a labourer. The appellant is further stated to have three minor daughters to provide for.

8. The final hearing of the appeal is likely going to take considerable period of time and considering the board of the Court, it cannot be ensured that the matter will be adjudicated before completion of the entire sentence. In such circumstances, if the sentence is not suspended, the appellants right under Article 21 of the Constitution of India will be violated.

9. Recently, in the case of Narcotic Control Bureau v. Lakhwinder Singh, 2025 SCC OnLine SC 366, the Hon’ble Apex Court had observed that while the Appellate Court is bound by the rigours of Section 37 of the NDPS Act, however, the Appellate Court can release the accused on bail pending adjudication of the appeal if the accused has undergone a substantive part of the sentence and the appeal is not likely to be heard before completion of sentence. In the said case, the Hon’ble Apex Court upheld the impugned judgment where the High Court had suspended the sentence of the accused therein as he had spent 4½ years out of the total sentence of 10 years as the appeal was not likely to be heard soon.

10. It is pertinent to note that the appellant does not have any criminal antecedents. The appellant was released on interim bail on earlier occasions by orders passed by this Court and he had not misused the liberty.

11. In view of the above, the order on sentence dated 28.01.2020 is suspended till the pendency of the present appeal. The appellant is directed to be released on furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like amount, subject to the satisfaction of the concerned Jail Superintendent, on the following conditions:

a. The appellant shall pay the fine amount as imposed by the order on sentence dated 28.01.2020 within a period of three weeks of his release. Proof of deposit of fine to be furnished to the concerned IO/SHO;

b. The appellant shall provide the address where he would be residing after his release and shall not change the address without informing the concerned IO/ SHO;

c. The appellant shall not reside within 5 kms radius of the locality where the complainant/victim resides;

d. The appellant shall not contact the victim in any manner whatsoever;

e. The appellant shall, under no circumstances, leave the country without the permission of the Court;

f. The appellant shall, upon his release, give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times;

g. The appellant shall appear before this Court a