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THE HIGH COURT OF SIKKIM : GANGTOK
BHASKAR RAJ PRADHAN
Buddha Raj Rai S/o Late Ram Bahadur Rai – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. factual background of the bail application and supporting evidence. (Para 1 , 2 , 3) |
| 2. legal arguments and precedents cited regarding post-conviction bail. (Para 4 , 5 , 6 , 8) |
| 3. principles for granting bail in fixed-term sentence cases. (Para 7 , 9) |
| 4. specific assessment of merits and factors justifying bail. (Para 10) |
| 5. final conclusion, operational order, and specific bail conditions. (Para 11 , 12 , 13) |
ORDER :
Bhaskar Raj Pradhan, J.
1. An application for suspension of sentence and bail under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS) has been filed by the applicant on 05.07.2025 on the following grounds:-
(i) That the applicant has been convicted under section 9(l) of the Protection of Children from Sexual Offences Act, 2012 (the POCSO) and sentenced to a fixed term of five years and to pay a fine of Rs.2000/- vide sentence dated 27.06.2025.
(ii) That the applicant is a permanent resident of Sikkim having his home at Lower Aho, Pakyong, Sikkim.
(iii) That during the trial of the case the applicant was on bail and he did not violate any of the condition of bail.
(iv) That the applicant has a good case to succeed on merits and shall su
In cases involving a fixed-term sentence, appellate courts should exercise discretion to suspend the sentence and grant bail liberally unless exceptional circumstances exist. This approach ensures th....
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....
While exercising appellate jurisdiction, a court may deny the suspension of a sentence for offenses against minors but grant bail with strict conditions to ensure the applicant remains within the jur....
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
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