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. We have heard Mr.M.M. Kadiwala, learned advocate and Ms.Asmita Patel, learned APP for the respective parties.

3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, the applicant – Sunilbhai Mahendrabhai Natwarlal Harijan, 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 Section 5(L) read with Section 6 of Protection of Children From Sexual Offences Act.

4. The present appeal and the application for suspension of sentence arise from the judgment dated 25.02.2026 and order of sentence passed in Special Case (POCSO) No. 56 of 2024, whereby, the applicant herein was convicted and sentenced as under:

5. Facts and circumstances giving rise to file present application are that the victim aged about 17 years and 3 months was came into contact with the accused and they got acquainted and on account of the relations, they stayed together for about 13 days. On the basis of the FIR, and upon filing of the chargesheet, the Trial Court after appreciation of the evidence, held guilty the accused and sentenced him as referred above.

6. Learned advocate Mr. M.M. Kadiwala, appearing on behalf of the applicant while praying for suspension of sentence contended that, the age of the victim is in dispute and at the relevant time, she was having sufficient maturity to understand her interest and therefore, considering the relations, and possible delay in adjudication of the appeal, the prayer may be allowed.

7. On the other hand, Ms.Asmita Patel, 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 the defence of consent as raised cannot be appreciated at this stage.

8. Having regard to the facts and circumstances of the case, the 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, for about 13 days, the victim and accused remained together. The accused was throughout on bail. The possibility of early hearing of the appeal is remote and/or bleak. In such circumstances, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of substantive order of sentence.

10. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 25.02.2026 by the learned 3rd Additional Sessions Judge, Nadiad, in Special Case (POCSO) No. 56 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 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.