A court may exercise discretion to suspend a sentence and grant bail pending appeal if the convict was on bail during the trial and the appeal is unlikely to be heard in the near future, even in cases involving the POCSO Act.

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 137(2) 87 of the BNS 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 18.04.2026 and order of sentence passed in Special POCSO Case No. 56 of 2025, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that the victim aged about 17 years and more, due to relations with the applicant, stayed with him for about 2 days at the house of accused’s friend. In such circumstances, on the basis of FIR and upon filing the chargesheet, the trial was proceeded against him and at the end, he found guilty.

5. Learned advocate Mr. Yogendra Thakore, appearing on behalf of the applicant while praying for suspension of sentence contended that, the victim at the verge of completion of 18 years and due to her relations, she herself came at the spot and then both had proceeded at the house of co-accused. The accused was throughout on bail. The appeal may not likely to be heard in near future. In such circumstances, it is requested that prayer may be considered.

6. On the other hand, Mr. Tirthraj Pandya, 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 theory of consent cannot be appreciated at this stage.

7. Issue arises as to whether the applicant has made out a case for suspension of sentence?

8. 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 due to their relations, maintained intimate relationship. The accused was throughout on bail. The appeal 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.

9. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 18.04.2026 by the learned Special (POCSO) Judge in Special (POCSO) Case No. 56 of 2025 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.