IA ORDER

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

1. Rule. Learned advocates appearing for the respective respondents waive service of Rule on behalf of respective respondents. 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 4 and 6 of POCSO Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 20.20.2026 and order of sentence passed in POCSO Case No.15 of 2025, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that, the victim aged about 17 years and more, was in relation with the applicant-accused. As a result, from 30.11.2024 to 31.12.2024, they stayed together at different places and lived as husband and wife. In such circumstances, on the basis of FIR and upon filing of the chargesheet, the trial court after framing of the charge, proceeded to record the evidence and at the end of trial, the accused found guilty for the offences referred above.

5. Mr. Hiren Modi, learned advocate appearing on behalf of the applicant while praying for suspension of sentence contended that, the accused was throughout on bail and having regard to the evidence on record, there are chances in succeeding in the appeal. In such circumstances, it is prayed that, prayer may be considered.

6. On the other hand, Mr. Jay Mehta, learned Additional Public Prosecutor as well as Ms. Mariya Dalal, learned advocate for the original complainant have supported the impugned judgment and order of conviction as passed by the trial Court and contended that, the victim was minor and her consent is of no consent in the eye of law and therefore, in future, there is no scope for interference with the findings recorded by the trial court.

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, at relevant time, the victim was at the verge of completion of 18 years. Both had stayed together for about one month. The accused was throughout on bail. The chances of early hearing of the appeal is remote and/or bleak. In such circumstances, 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 20.02.2026 by the Special Judge (POCSO), Arvalli at Modasa in POCSO Case No.15 of 2025 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.