In fixed-term sentence cases, if a convict has served over 50% of the sentence and the appeal is unlikely to be heard soon, suspension of sentence and bail may be granted to ensure a meaningful appeal and protect the right to liberty under Article 21.

IA ORDER

1. RULE

. Learned Additional Public Prosecutor appears and waives service of notice of rule on behalf of the respondent-State.

2. By way of the present application under Section 430 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 , the applicant - accused is seeking suspension of sentence and release on regular bail through jail during pendency of the present appeal against the judgment and order of conviction dated 13.04.2023 passed in Special (POCSO) Case No. 20/2020 by the learned Special Judge, Narmada at Rajpipla, whereby, the present applicant - accused was sentenced the following term:

All the sentences were ordered to run concurrently.

3. Heard learned advocate Mr. Bhishma Rawal for the applicant and learned APP Ms. C.M. Shah for the respondent State.

4. Learned Advocate Mr. Bhishma Rawal for the applicant submits that the applicant has been sentenced for a fixed period of 10 years and the applicant has already completed more than half of the awarded sentence i.e. substantial period of 5 years, 9 months and 5 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 for the respondent – 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 5 years, 9 months and 5 days in jail and that learned Trial Court has rightly convicted the present applicant as he has been involved in a very serious offence, however has requested this Court to pass necessary orders considering the period of sentence undergone.

6. At the outset, it would be appropriate to refer to the observation of the Apex Court in the case of Atul @ Ashutosh (Supra), which is 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