1. Application for suspension of sentence pending appeal against conviction under IPC and POCSO Act. (Para 1 , 2 )
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2025 Supreme(Online)(P&H) 8822
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Alok Jain, J
xxx – Appellant
Versus
xxx – Respondent
CRM No. 2409 of 2025
Suspension of sentence pending appeal may be granted when appellant has served substantial portion of sentence and appeal is not likely to be heard soon, as continued custody serves no useful purpose.
Headnote:(A) Indian Penal Code, 1860 - Section 363 - Protection of Children from Sexual Offences Act, 2012 - Section 12 - Conviction and sentence - Rigorous imprisonment for four years under Section 363 IPC and three years under Section 12 POCSO Act - Sentences to run concurrently.
(B) Criminal Procedure Code, 1973 - Section 389 - Suspension of sentence pending appeal - Grounds - Appellant having undergone substantial portion of sentence (02 years and 01 day out of 04 years) and appeal not likely to be heard in near future - No useful purpose in keeping appellant in custody - Suspension granted on furnishing bail/surety bonds.
Facts of the case:
The applicant-appellant was convicted and sentenced by the learned Additional Sessions Judge, Fast Track Special Court, SAS Nagar vide judgment dated 11.07.2024 for offences under Section 363 IPC and Section 12 POCSO Act. He filed an appeal and an application for suspension of sentence during pendency of the appeal. The custody certificate showed he had undergone actual sentence of 02 years and 01 day.
Findings of Court:
In light of the fact that the appellant had already undergone half of the actual sentence and the appeal was likely to take some time, no useful purpose would be served by keeping the appellant in custody. The application was allowed and the remaining sentence was suspended during pendency of the appeal.
Issues: Whether the sentence of the applicant-appellant should be suspended during the pendency of the criminal appeal.
Ratio Decidendi: Suspension of sentence may be granted when the appellant has served a substantial part of the sentence and the appeal is not expected to be heard in the near future, as continued incarceration would serve no useful purpose.
Result: Application allowed. Remaining sentence of the applicant-appellant suspended during pendency of the appeal on furnishing bail/surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate/Illaqa Magistrate. Any observations on merits are only for the purpose of deciding the application and shall not be construed as final opinion in the appeal.
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2. Applicant contends contradictions in trial court judgment and challenges birth certificate authenticity; also that half sentence served. (Para 3 , 4 , 5 )
3. Application allowed; remaining sentence suspended pending appeal on furnishing bail/surety bonds. (Para 7 , 8 )
4. What factors are considered for suspension of sentence pending appeal?
The court considers whether the appeal is likely to take time and whether the applicant has already served a substantial part of the sentence, making continued custody unnecessary. (Para 6 , 7 )
JUDGMENT :
Mr. Alok Jain, J.
The present application has been filed seeking grant of suspension of sentence to the applicant-appellant during the pendency of the present appeal.
2. Applicant/appellant has been convicted for offence punishable under Section 363 of IPC and Section 12 of POCSO Act by learned Additional Sessions Judge, Fast Track Special Court, SAS Nagar, vide judgment dated 11.07.2024 and the applicant/appellant has been sentenced as under which was ordered to be run concurrently:-
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Offence u/s Sentence Fine Sentence in default of payment of fine
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12 of POCSO Rigorous imprisonment Rs. 5,000/- Rigorous imprisonment
Act for three years each for two months
363 IPC Rigorous imprisonment Rs. 5,000/- Rigorous imprisonment
for four years each for one month
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3. Learned counsel for the applicant-appellant submits that there are major contradictions in the impugned judgment passed by learned trial Court. More so, the counsel for applicant-appellant raised serious question as to the authenticity of birth certificate of prosecutrix, relied upon by the learned Trial Court, which also needs to be adjudicated.
4. Learned counsel for the applicant-appellant further submitted that the applicant-appellant has already undergone half of the actual sentence and the appeal is not likely to be heard in the near future thus, his sentence be suspended.
5. Learned State counsel has filed custody certificate of the applicant-appellant in Court today, which is taken on record, subject to all just exceptions. According to custody certificate the applicant-appellant has undergone actual sentence of 02 years and 01 day.
6. In light of the above and the fact that the appeal is likely to take some time, therefore, no useful purpose would be served by keeping the applicant-appellant in custody.
7. Accordingly, the present application is allowed and the remaining sentence of the applicant/appellant, shall remain suspended during the pendency of the appeal on furnishing bail/surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate/Illaqa Magistrate.
8. It is made clear that any observation touching the merits of the case/appeal/revision are purely for the purpose of deciding the present application and shall not be construed as an expression of the final opinion in the pending criminal appeal, which shall be decided on its own merits.
