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 4(2) & 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 08.01.2026 and order of sentence passed in Special POCSO Case No.15 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 and applicant aged about 21 years old, due to their relations, remained together for about 8 to 9 days. On the basis of FIR with respect to kidnapping and sexual abuse, the accused came to be arrested and on the basis of chargesheet, the trial Court proceeded to record the evidence and at the conclusion of the trial, the accused found guilty for the offences referred above.

5. Learned advocate Mr. K. K. Nayi, appearing on behalf of the applicant while praying for suspension of sentence contended that, this is a case of love affair and when age is disputed and having not been proved in accordance with law, the trial Court could not have convicted the accused. The incarceration period as on date is 2 years and conviction appeal may not likely to be heard in near future and therefore, it is submitted that, the prayer may be considered.

6. On the other hand, Mr. Manan 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 nature of relation, can never be considered and appreciated.

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. This is a case of intimate relationship and admittedly, both the parties stayed together for about 8 to 9 days. The incarceration period is 2 years and appeal is instituted in this year i.e. 2026, and it will not likely to be listed for final hearing in near future. In such circumstances, 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 08.01.2026 by the learned Special (POCSO) Judge, Mehsana in Special (POCSO) Case No. 15 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.