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THE HIGH COURT OF SIKKIM : GANGTOK
BHASKAR RAJ PRADHAN
Sachin Rai – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. legal framework for seeking suspension of sentence during appeal. (Para 1 , 2 , 3) |
| 2. arguments balancing public interest against individual liberty in pocso cases. (Para 4 , 5 , 6) |
| 3. judicial criteria and conditional bail for short-term sentences. (Para 7 , 8) |
| 4. procedural disposal and notification of the court order. (Para 9 , 10) |
ORDER (ORAL) :
Bhaskar Raj Pradhan, J.
1. The applicant has filed an appeal under section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS). He has been convicted vide impugned judgment dated 27.05.2025 and sentenced vide order dated 30.05.2025 to undergo rigorous imprisonment for a term of three years and fine of Rs.2000/- for the offence under section 7 punishable under section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
2. As the applicant was convicted by the learned Special Judge on 27.05.2025 and he was taken into custody on 27.05.2025. He has been in custody since then.
3. The application for suspension of sentence is under section 430(1) of the BNSS, 2023 which provides that pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing,
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....
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....
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....
The court suspended the applicant's sentence due to the lack of confidence in the victim's testimony and the backlog of pending appeals.
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