The appellate court may exercise its discretion to suspend a short, fixed-term custodial sentence during the pendency of an appeal when there is no likelihood of the matter being heard in the near future, as continued incarceration would serve no useful legal or social purpose.

ORAL ORDER

ORDER IN CRIMINAL APPEAL.

Admit.

ORDER IN CR.M.A.

1. Rule fixed forthwith. Learned APP waives service of Rule on behalf of the respondent – State.

2. Though served, none appears for Respondent No.2.

3. Heard learned advocates for the respective parties.

4. The original accused No.1 – applicant No.1 has been
convicted and sentenced to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 8 of the POCSO Act, 2012 and to pay a fine of Rs.5,000/-, and in default thereof, to undergo simple imprisonment for a further period of three months. The applicant has also been sentenced to undergo one year simple imprisonment for the offence punishable under Section 294(B) read with Section 114 of the IPC and to pay a fine of Rs.1,000/-, and in default thereof, to undergo simple imprisonment for one month. The applicant has further been sentenced to undergo simple imprisonment for a period of three months for the offence punishable under Section 506(2) read with Section 114 of the IPC and to pay a fine of Rs.1,000/-, and in default thereof, to undergo simple
imprisonment for one month.

5. Accused Nos.2, 3 and 4 have been sentenced to undergo simple imprisonment for one year for the offence punishable under Section 294(B) read with Section 114 of the IPC and to pay a fine of Rs.2,000/- each, and in default thereof, to undergo simple imprisonment for one month. They have also been sentenced to undergo simple imprisonment for one year for the offence punishable under Section 506(2) read with Section 114 of the IPC and to pay a fine of Rs.2,000/- each. However, all the sentences imposed upon the accused are directed to run concurrently as ordered by the learned Special Judge, POCSO Court, Kachchh at Bhachau in POCSO Case
No.3 of 2023 vide judgment and order dated 06.05.2026.

6. Having considered the averments made in the memorandum of appeal, the impugned judgment and order of conviction, and the submissions advanced by the learned advocates for the respective parties, and further considering that the sentence imposed is a short and fixed-term sentence and that there is no likelihood of the appeal being heard in the near future, this Court is of the opinion that no useful purpose would be served by keeping the applicants in custody
during the pendency of the appeal.

7. In view of the above, the present application is allowed. The substantive sentence imposed upon the applicants by the impugned judgment and order shall remain suspended during the pendency of the appeal and the applicant be released on bail by executing a personal bond of Rs.10,000/- (Rupees Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court concerned, on the conditions that applicant:

(a) shall not take undue advantage of liberty or misuse liberty;

(b) shall not leave India without prior permission of this Court;

(c) shall furnish the present address of his residence with documentary evidence to the Court concerned at the time of execution of the bond;

(d) shall proceed with the Criminal Appeal as and when listed and shall not prolong the hearing of the same.

7. Rule is made absolute to the aforesaid extent.
Direct service is permitted.