A convict serving a fixed-term sentence (non-life) who has completed over 50% of their sentence may be granted suspension of sentence and bail if the appeal is delayed, ensuring the right to a meaningful appeal under Article 21 of the Constitution.

IA ORDER

1. Though served, the respondent no. 2 has not appeared either in person or has not engaged a lawyer.

2. Rule. Learned APP waives service of notice of rule for the respondent – State.

3. By way of the present application under Section 430 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant is seeking suspension of sentence as also release on regular bail during pendency of the appeal against the judgment and order of conviction passed by the learned Special Judge & 3rd Additional Sessions Judge, Bharuch in Special (POCSO) Case No.5 of 2014 on 16-03-2022, whereby, the applicant was sentenced to rigorous imprisonment for ten (10) years and fine of Rs.10,000/- and in default, simple imprisonment for one (04) four months for the offence punishable under Section 376 of the IPC, rigorous imprisonment for three (03) years and fine of Rs.2,000/- and in default, simple imprisonment for one (01) month for the offence punishable under Section 454 of the IPC, rigorous imprisonment for seven (07) years and fine of Rs.5,000/- and in default, simple imprisonment for two (02) months for the offence punishable under Section 3(A) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 and rigorous imprisonment for three (03) years and fine of Rs.2,000/- and in default, simple imprisonment for one (01) month for the offence punishable under Section 11(5) read with Section 12 of the Protection of Children from Sexual Offences Act, 2012. All sentences were ordered to run concurrently. The learned Trial Court was further pleased to order that all the sentences were to run concurrently.

4. Learned advocate Mr. Shrikar Bhatt for the applicant submits that the applicant has been sentenced for a fixed period of 10 years and out of 10 years sentence, the applicant has undergone about 06 years, 07 months and 16 days in the jail. In support of the submission, learned advocate for the applicant has placed reliance upon the decision of the Hon’ble Apex Court in cases of Saudan Singh Vs. State of Uttar Pradesh reported in 2021 SCC Online SC 3259 and Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421 and it is requested to enlarge the applicant on bail pending the hearing and final disposal of the captioned Criminal Appeal.

5. Learned APP for the State has objected the present application to grant the suspension of sentence and has submitted that the jail remarks, which are taken on record, shows that the applicant has undergone sentence of 06 years, 07 months and 16 days; however, she has submitted that appropriate order may be passed.

6. Heard learned advocates for the respective parties and perused the documents produced on record. This Court is of the opinion that since the applicant accused has already undergone more than half of the awarded sentence i.e. substantial period of 06 years, 07 months and 16 days and since hearing of the appeal may take further time and in view of direction given by the Apex Court, particularly, in the case of Saudan Singh Vs. State of Uttar Pradesh reported in 2021 SCC Online SC 3259, wherein, it has been held that the convict is in custody in cases other than life sentence cases and in those cases again the broad parameter of 50% of the actual sentence undergone can be the basis for grant of bail. At this juncture, it would also be fit to refer to the judgment of the Apex Court in the case Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421, wherein, it has been held that when the appellate Court