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 Section 376(2)(n), 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 21.08.2024 and order of sentence passed in Special POCSO Case No.51 of 2020, 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 relations with the applicant accused remained in his company from 15.04.2022 to 11.08.2022 as husband and wife. On the basis of FIR dated 26.04.2022, the accused came to be arrested and upon filing of the chargesheet, he was tried and prosecuted and finally, the trial Court found guilty him for the offences referred above.

5. Learned advocate Mr. Altaf Y. Charkha, appearing on behalf of the applicant while praying for suspension of sentence contended that, out of 20 years, the accused has undergone 3 years and 7 months and till date, the conviction appeal has not been listed for final hearing. That this is a case of love affairs and considering the delay in adjudication of the appeal, the prayer may be considered.

6. On the other hand, Mr. Jay 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 of intimate relationship having no any place in eye of law.

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. Admittedly, both the parties belonged to tribal and they remained together for about 4 months as husband and wife at different places and working as farm labourer. The period of incarceration is 3 years and 7 months. The chances of early hearing of the appeal is remote. 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 21.08.2024 by the learned Special (POCSO) Judge and 4th Additional Sessions Judge, Panchmahal, Godhra in Special (POCSO) Case No. 51 of 2022 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.