Convicts serving a fixed-term sentence who have completed over 50% of their term are generally eligible for suspension of sentence and bail if the appeal is unlikely to be heard before the sentence expires, ensuring the right to a meaningful appeal under Article 21.

IA ORDER

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 374 of the Code of Criminal Procedure, 1973, 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 Special POCSO Case No. 04/2022 by the learned Special Judge (POCSO), Ghari on 04.05.2023, whereby, the present applicant - accused was sentenced to simple imprisonment for 04 years and fine of Rs. 2,500/- and in default, simple imprisonment for 02 months for the offence punishable under Section 363 of Indian Penal Code, simple imprisonment for 04 years and fine of Rs. 2,500/- and in default, simple imprisonment for 02 months for the offence punishable under Section 366 of Indian Penal Code and rigorous imprisonment for 10 years and fine of Rs. 5,000/- and in default, simple imprisonment for 05 months for the offence punishable under Section 376 of Indian Penal Code and Section 4 of the POCSO Act. The learned Trial Court was pleased to order that all the sentences were ordered to run concurrently.

3. Heard learned advocate Ms. Suman Rathod for the applicant and learned APP Mr. Aditya Jadeja for the respondent No.1 – State. Though served, the respondent No.2 has not appeared either in-person or thorough an advocate.

4. Learned advocate 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 06 years, 09 months and 17 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 further 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 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 06 years, 09 months and 17 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, necessary orders may be passed in the interest of justice.

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