The court suspended the appellant's sentence and granted bail based on the survivor's lack of objection and the appellant's compliance with bail conditions during trial.

ORDER :

1. This hearing has been done through hybrid mode.

CRL.M.(BAIL) 592/2025

2. The present application under Section 430 of the BNSS seeking suspension of sentence and release of the appellant during the pendency of the instant appeal.

3. Vide the impugned judgment and order on sentence dated 14.11.2024 and 27.01.2025, the appellant has been convicted under Sections 354-A, 354- D, 509 of the IPC and Section 12 read with Section 11(i) and (iv) and Section 8 read with Section 7 of the POCSO Act. The appellant has been sentenced to undergo rigorous imprisonment for a period of 1 year along with a fine of Rs. 5,000/- and in default of payment of fine simple imprisonment for 3 months for the offence punishable under Section 12 read with Section 11 (i) of the POCSO Act. The appellant has been further sentenced to undergo rigorous imprisonment for a period of 1 year along with a fine of Rs. 5,000/- and in default of payment of fine simple imprisonment for 3 months for the offence punishable under Section 12 read with Section (iv) of the POCSO Act. The appellant has been further sentenced to undergo rigorous imprisonment for a period of 3 years along with a fine of Rs. 10,000/- and in default of payment of fine simple imprisonment for 6 months for the offence punishable under Section 8 read with Section 7 of the POCSO Act.

4. As per the nominal roll dated 26.03.2025 received from Superintendent, Central Jail No. 2, Tihar, New Delhi, the applicant/appellant, as on 26.03.2025, had already undergone incarceration for 1 month and 3 days out of the period awarded to him. The appellant was released on bail during the course of the trial and had not misused the liberty granted to him.

5. Survivor who is present in Court today alongwith her father submit that they have no objection if the sentence is suspended and the appellant is granted bail.

6. In view of the aforesaid, the sentence awarded to applicant/appellant, is suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court/Link Court, further subject to the following conditions:

i. The applicant shall not leave the country without prior permission of this Court.

ii. The applicant shall intimate this Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.

iii. The applicant shall appear before this Court as and when the matter is taken up for hearing.

iv. The applicant shall provide his mobile number to the Investigating Officer and intimate about any change.

7. In view of the aforesaid, the application is allowed and disposed of accordingly.

8. Needless to state that, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application.

9. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance.

10. Order be uploaded on the website of this Court forthwith.

CRL.A. 321/2025

11. In the meantime, a report be called from the Secretary, Delhi Legal Services Authority, South, before the next date of hearing, with regard to the status of disbursal of the compensation amount of Rs. 1,00,000/- awarded to the survivor vide order on sentence dated 27.01.2025.

12. List for compliance for the report on 14.05.2025.