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THE HIGH COURT OF SIKKIM : GANGTOK
| Table of Content |
|---|
| 1. factual history and statutory procedural background. (Para 1 , 2 , 3 , 8) |
| 2. considerations for suspension of sentence and bail. (Para 4 , 5 , 6 , 7) |
| 3. court's decision criteria and bail conditions. (Para 9 , 10) |
JUDGMENT :
BHASKAR RAJ PRADHAN, J.
I.A. No.01/2025
1. The applicant was convicted vide Judgment dated 25.03.2025 and sentenced vide Order on Sentence dated 26.03.2025 under Section 7 punishable under Section 8 of the Protection of Children and Sexual Offences Act, 2012 (POCSO Act) with rigorous imprisonment for a term of three years and to pay a fine of Rs.2000/-; and further under Section 11(iv) punishable under section 12 of the POCSO Act for rigorous imprisonment for a term of one year and fine of Rs.2000/-.
2. The applicant is aggrieved by the Judgment and Order on Sentence and has preferred the accompanying appeal which is pending consideration before this Court since 25.04.2025.
3. Along with the appeal, the applicant has also moved the application under Section 389 (1) of the Code of Criminal Procedure, 1973 (Cr.P.C.) praying for suspension of sentence and grant of bail. This application was filed on 25.04.2025. No written response has been filed by the
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....
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....
The court balanced the progress of trial and the applicant's liberty, considering the completion of witness examination, absence of criminal record, and the risk of COVID-19 in jail, to grant bail wi....
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
The court established that suspension of sentences under Section 389 Cr.P.C. can be granted based on the circumstances of the case, including prior bail status and the nature of allegations.
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