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Judgment
Ashish Shroti, J
Appeal being arguable is admitted for final hearing.
Heard on I.A. No.27271/2025, which is first application under Section 430 of BNSS for grant of bail and suspension of remaining jail sentence filed on behalf of appellant.
Appellant has been convicted under Section 7/8 of POCSO Act and sentenced to undergo 3 years RI with fine of Rs.2500/- with usual default stipulation.
Learned counsel for the appellant contended that appellant has been wrongly convicted by the Trial Court on the basis of improper appreciation of evidence. He was on bail during trial and he never misused the liberty so granted. His jail sentence has already been suspended by the trial court. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficiently long time. Hence, the execution of remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.
Per contra, learned counsel for the respondent/State opposed the application for suspension of sentence and prayed for its rejection.
Heard the learned counsel for the parties and perused the record. Considering the facts and circumstances of the case also taking note of the fact that his jail sentence has already been suspended temporarily by the trial court and he was on bail during trial and he never misused the liberty so extended to him, I deem it proper to suspend the remaining custodial sentence of the appellant.
Accordingly, I.A. is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of concerned Trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.
The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 02.03.2026 and on all such other subsequent dates, which are fixed in this behalf.
Call for the record of trial Court.
Certified copy as per rules.