A convict serving a fixed-term sentence who has undergone more than half of the sentence is generally entitled to suspension of sentence and bail if the appeal is unlikely to be heard before the completion of the sentence, ensuring the right to a meaningful appeal under Article 21.

ORAL ORDER

ORDER IN CRIMINAL APPEAL:-

1. When the matter is called out, the respondent No.2 – original complainant, Ms. Bhavnaben W/o Sunilbhai Ranchhodbhai Kukana, is present in person before this Court and submits that she wants to engage an advocate from the Gujarat High Court Legal Services Committee to conduct the matter.

2. Admit. Learned APP waives service of admission for and on behalf of the respondent No.1 - State.

ORDER IN CRIMINAL MISC. APPLICATION:-

1. RULE

. Learned Additional Public Prosecutor appears and waives service of notice of rule on behalf of the respondent No.1 - State.

2. By way of the present application under Section 415 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 , the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal against the judgment and order passed in POCSO Case No. 01 of 2025 by the learned Special Judge & Sessions Judge, Valsad on 18.03.2026, whereby, the present applicant - accused was sentenced to rigorous imprisonment of 02 years and fine of Rs.20,000/- and in default, simple imprisonment of 03 months for the offence punishable under Section 12 read with Section 11(iv) of the Protection fo Children from Sexual Offences Act, 2012 and Section 75 of Bharatiya Nyaya Sanhita, 2023.

3. Heard learned advocate Mr. Chintan S. Popat for the applicant and learned APP Ms. C.M. Shah for the respondent No.1 - State.

4. Learned Advocate Mr. Chintan S. Popat for the applicant submits that the applicant has been sentenced for a fixed period of 02 years and the applicant has already completed more than half of the awarded sentence i.e. substantial period of 01 year, 02 months and 15 days in jail and the application may be considered in light of the decisions of the Apex Court in the case of Saudan Singh Vs. State of Chhatisgarh passed in Special Leave to Appeal (Crl) No. 4633 of 2021 and also in the case of Atul @ Ashutosh V. State of Madhya Pradesh in Criminal Appeal No. 579 of 2024 on 02.02.2024. Learned advocate submits that the present appeal is not likely to be heard in near future and hearing of the same would take some long time and hence, no purpose would be served by keeping the applicant in jail for indefinite period with hardened criminals. The applicant has a good case on merits and hence, the suspension may be allowed and the applicant be enlarged on bail pending the hearing and final disposal of the captioned Criminal Appeal.

5. Learned APP Ms. C.M. Shah for the respondent No.1 – State has strongly objected to the submissions made by the learned advocate for the applicant and has submitted the jail remarks which shows that the applicant has undergone 01 year, 02 months and 15 days in jail and that learned Trial Court has rightly convicted the present applicant as he has been involved in a very serious offence and has requested this Court to dismiss the present application.

6. The Apex Court in the case of Atul @ Ashutosh (Supra), has observed as under:

“Heard learned counsel for the parties.

Leave granted.

Out of fixed term sentence of five years, the appellant-accused has already undergone half of the sentence. The appeal against conviction of the year 2022 is not likely to reach before he completes the entire sentence. Hence, a case is made out for grant of suspension of sentence pending the appeal and grant of bail. For that purpose, the appellant shall be produced before the Trial Court within a period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the final disposal of the appeal before the High Court. Before parting with order, we must note here that notwithstanding