The court granted suspension of sentence pending appeal under specific conditions, emphasizing the need for the Appellant to remain reachable.

ORDER :

CRL. M.A. 166/2025  (Exemption)

1. Allowed, subject to all just exceptions.

2. The Application is disposed of.

CRL. M. (BAIL) 18/2025 

3. The present Application under Section 430 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 389 read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Appellant seeking suspension of sentence during the pendency of the Appeal.

4. Vide Judgment dated 25.07.2024, the Appellant has been convicted for the offence punishable under Section 6 of POCSO Act and Section 376(3) of the Indian Penal Code, 1860. Vide Order on Sentence dated 26.10.2024, the Appellant has been sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs. 500/- and in default, the Appellant is sentenced to undergo simple imprisonment of 15 days.

5. It is submitted that the Appellant has been confined to jail from 11.11.2019 without remission out of total sentence of 20 years.

6. Considering the Judgment dated 25.07.2024 and Order on Sentence dated 26.10.2024, the sentence of the Appellant is suspended, till the pendency of the Appeal, subject to the following conditions:-

a) The Appellant/Accused shall furnish a personal bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court/Duty Magistrate and further subject to the condition that the Appellant/Accused and the surety of the Appellant will keep their mobile phones in active mode during the period of suspension of sentence so that if required the Appellant/Accused may be contacted.

b) In case of change of residential address and/or mobile phone numbers, the same will be intimated to this Court/and the I.O., by way of an Affidavit.

CRL.A. 12/2025

7. Admit.

8. Issue notice.

9. Mr. Shoaib Haider, learned Additional Public Prosecutor, accepts notice on behalf of the State.

10. On taking steps, notice be served to the prosecutrix through Investigating Officer.

11. List for arguments on 18.03.2025.

12. In the interim, the Registry is directed to requisition e-Trial Court Record before the next date of hearing.