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 5(l)(n) & 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 25.09.2024 and order of sentence passed in Special POCSO Case No. 141 of 2018, 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 and the applicant accused belongs to same community and accused being widow, was living in the house of the victim, as a result, they got acquainted and remained together from 20.04.2018 to 12.05.2018. On the basis of FIR and chargesheet and after appreciation of evidence, the accused came to be convicted.

5. Learned advocate Mr. P. K. Shukla, appearing on behalf of the applicant while praying for suspension of sentence contended that, the incarceration period is more than 7 years and both the parties are from minority community and therefore, having regard to peculiar facts of the case, the discretion may kindly be exercised.

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 having regard to the relation of the accused with the family of the victim, he should not have entered into such kind of relations with the victim.

7. Though served, no body appears on behalf of respondent no. 2.

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

9. We have carefully examined the case records and considered the submissions made at the bar. In the facts of the present case, the incarceration period is 7 years and more and possibility of early hearing of the appeal, before the accused completes his entire sentence is remote. In such circumstances, having regard to the peculiar facts and circumstances of the present case, we deem it fit to exercise the discretion in favour of the applicant convict for the purpose of suspension of sentence and grant of bail.

10. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 25.09.2024 by the learned Special (POCSO) Judge, City Sessions Court No. 22, Ahmedabad in Special (POCSO) Case No. 141 of 2018 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.