1. This hearing has been done through hybrid mode.

CRL.M.A. 38041/2025

2. Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.(BAIL) 2521/2025

3. This is an application seeking interim suspension of sentence of the Appellant for a period of two months on the ground of medical condition of the husband of the Appellant.

4. The Appellant in the present case has been convicted under Section 376(2)/120B/354/109 of the Indian Penal Code, Sections 6/10/11/12/21(1) read with Section 19 of the Protection of Children from Sexual Offences Act, 2012, and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Appellant has been sentenced to rigorous imprisonment for the remainder of her natural life.

5. The present appeal is part of the Muzaffarpur Shelter Home cases which are a batch of matters presently part heard before this Bench. The arguments in the appeals are going on.

6. Previously, the Appellant had been released on interim bail to attend her daughter’s marriage vide order dated 29th August, 2025. The relevant extract thereof read as under:

“11. Considering the fact that the marriage is of the Appellant’s own daughter, this Court is of the opinion that, the Appellant is deserving of interim suspension of sentence and release on interim bail, to enable her to attend the marriage related ceremonies of her daughter. Accordingly, the Appellant is released on interim bail till 30th November, 2025, subject to furnishing a personal bond in the sum of Rs. 25,000/- with a surety of the like amount, to the satisfaction of the Trial Court/Link Court. The Appellant shall be released subject to the following further conditions:

(i) The Appellant shall remain in Agra, Uttar Pradesh and Muzaffarpur, Bihar to attend the marriage related ceremonies of her daughter. The Appellant shall intimate the concerned Investigating Officer of her address in Agra, Uttar Pradesh and Muzaffarpur, Bihar. She shall also inform the concerned Investigating Officer about her location as and when she travels between Agra, Uttar Pradesh and Muzaffarpur, Bihar.

(ii) The Appellant shall report to the concerned SHO at either of the following places on every Monday at 11:00 AM:

(a) New Town Thana, Agra, 282005

(b) Mithanpura Thana, Muzaffarpur, 842001

The concerned officer is directed to release her by 12:00 PM after recording her presence and completion of all the necessary formalities.

(iii) The Appellant shall provide her mobile number as also that of he husband to the concerned Investigating Officer and keep it operational at all times so that the Investigating Officer can contact her and ascertain her location. The Appellant shall also inform the concerned Investigating Officer about any change in her or her husband’s mobile number.

(iv) The Appellant shall not leave the country without prior permission of this Court.

(v) The Appellant shall intimate this Court, by way of an affidavit, as also the concerned Investigating Officer regarding any change in the residential address at Agra, Uttar Pradesh and Muzaffarpur, Bihar.

(vi) The Appellant shall appear before this Court as and when the matter is taken up for hearing either virtually or physically.

12. The Appellant shall surrender before the concerned Jail Superintendent immediately upon expiry of the interim bail period.”

7. In terms of the said order dated 29th August, 2025, bail was granted to the Appellant and upon expiry of her bail period, she surrendered before the concerned Jail Superintendent, Tihar Jail, New Delhi on 30th November, 2025.

8. Considering the nature of the offences that the Appellant has been convicted under, and the judgment already passed by the Trial Court, which is presently under challenge in the batch of appeals, this Court is of the opinion that the fact that the husband of the Appellant is living alone, and is suffering from certain ailments, is not a sufficient ground for suspending the sentence.

9. The application is, accordingly