IA ORDER

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

2. By way of this application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, applicant, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 366 of the Indian Penal Code and Sections 4 & 6 of Protection of Children From Sexual Offences Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 30.10.2025 and order of sentence passed in Special POCSO Case No. 01 of 2023, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that minor victim, due to her relation with the accused herein, remained in his company from 02.08.2022 to 27.11.2022 and stayed together at the different places and maintained intimate relationship. On the basis of FIR with respect to kidnapping and sexual abuse of the minor, the accused came to be arrested and upon due investigation the chargesheet came to be filed against him. The trial Court found guilty for the offences as referred above.

5. Learned advocate Mr. Jaydeep Sindhi, appearing on behalf of the applicant while praying for suspension of sentence contended that, the age has not been proved in accordance with law. That, for a long time, due to relations, the parties had remained together as husband and wife. The incarceration period is 3 years and 4 months and possibility of early hearing is remote and bleak. In such circumstances, it is prayed that, the prayer may be considered.

6. On the other hand, Mr. Manan Mehta, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the victim was minor and having regard to the seriousness of the offence, the application may not be entertained.

7. Issue arises as to whether the applicant has made out a case for suspension of sentence?

8. We have carefully examined the case records and considered the submissions made at the bar. It is no doubt true that for about 4 to 5 months, the victim and accused remained together. The incarceration period is 3 years and more and appeal may not likely to be heard in near future. In such circumstances, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of suspension of sentence and grant of bail.

9. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 30.10.2025 by the learned Sessions Judge, Valsad in Special (POCSO) Case No. 01 of 2023 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court subject to condition that he will not leave India without prior permission of this Court and shall appear before this court as and when appeal is taken for final hearing and shall not change his address and in case of change in address, shall inform to the concerned police station as well as to this Court.

Direct service permitted.