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 137(2), 87 and 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 and Sections 4, 5(l) and 6 of POCSO Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 07.02.2026 and order of sentence passed in Special (POCSO) Case No.96 of 2024, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that, the minor victim aged about 17 years and 5 months, due to their relations, they stayed together from 20.07.2024 to 05.08.2024. In such circumstances, on the basis of FIR with respect to kidnapping and sexual abuse of the victim, the accused was put on trial and at the conclusion of the trial, the trial court found him guilty for the offences as referred above.

5. Mr. Salim Saiyed, learned advocate appearing on behalf of the applicant while praying for suspension of sentence contended that, the victim was at the verge of completion of 18 years and accused at relevant time, was on bail throughout the proceedings. This is a case of love affair and having regard to the grounds raised in the appeal memo, there are chances of succeding in the appeal. Thus, it is prayed that, discretion may be exercised.

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 defense as raised, cannot be appreciated at this stage.

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. We take notice of the fact that, prior to registration of the FIR, the victim and accused were knowing each other and developed intimacy, as a result, they remained together for a considerable time. In such circumstances, having regard to the nature of relations and delay factor in deciding the appeal, imposing stringent condition, we are inclined 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 07.02.2026 by the learned Special Fast Track Court (POCSO) & Additional Sessions Judge, Vadodara in Special (POCSO) Case No.96 of 2024 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 shall not enter into jurisdictional area of Manjalpur Police Station for a period of two years where the victim resides and shall not contact the victim and her family members directly or indirectly and 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.