The court may exercise its discretion to suspend a sentence and grant bail pending appeal if the convict was on bail during the trial and the prospects of an early hearing of the appeal are remote.

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 137(2), 87 of the BNS and Sections 64(2)(I), 64(2)(M), 65 r/w S.4,6, 8, 10, 18 of POCSO Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 23.03.2026 and order of sentence passed in Special POCSO Case No. 37 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 21 years and applicant got acquainted because of their profession, as they were employed as farm labourer. In such circumstances, from 23.07.2024 to 31.07.2024, the victim and the accused remained together and maintained intimate relations. The FIR with respect to kidnapping and sexual abuse came to be registered. As a result, the accused was arrested and put on trial. The learned trial Court at the end found guilty the accused for the offences as referred above.

5. Learned advocate Mr. M. M. Soni, appearing on behalf of the applicant while praying for suspension of sentence contended that, both the victim and accused being illiterate persons, employed as farm labourer, as a result, they got acquainted and remain together for a considerable time. The accused was throughout on bail. The chances of early hearing of the appeal is remote. In such circumstances, it is prayed that the prayer may be allowed.

6. On the other hand, Mr. L. B. Dabhi, 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 consent, cannot be acceptable in eye of law.

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, victim and accused being farm labourer, got acquainted and remained together for about 8 to 10 days. The applicant admitted was on bail. The chances of early hearing of the appeal is remote. In such circumstances, without much discussion on merits of the case, we are persuaded to exercise our 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 23.03.2026 by the learned Special (POCSO) Judge and 4th Additional Sessions Judge, Amreli in Special (POCSO) Case No. 37 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