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 and 64(2)(m) of B.N.S and Section 6 of POCSO Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 05.03.2026 and order of sentence passed in Special Case (POCSO) No.1 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 5 months, was in relation with the applicant-accused. The family of the victim was not agreed to tie the knot with the accused and they were in search of another guy. In such circumstances, at the instance of victim, on 10.11.2024, the accused took her at different places and they remained together for a period of 10 to 12 days. The FIR came to be lodged and upon filing of the chargesheet, the trial court after appreciation of evidence, convicted the accused for the offences referred above.

5. Mr. Hemant Raval, learned advocate appearing on behalf of the applicant while praying for suspension of sentence contended that, the victim was at the verge of completion of 18 years and due to opposition from the family of the victim, the marriage between the parties could not be solemnized. In such circumstances, it is prayed that, the prayer may be considered.

6. On the other hand, Mr. Jay 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 at this stage, the defense of consent cannot be appreciated.

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. We take notice of the fact that, the victim was intending to marry with the accused, but, the parents of her had objected on social grounds. In such circumstances, having regard to the nature of relations and delay factor in deciding the appeal, we are inclined 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 05.03.2026 by the Special Judge & Additional Sessions Judge, Petlad in Special Case (POCSO) No.1 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.