Sentence / Sentencing – Suspension of execution of sentence – Trial Court had convicted and sentenced appellant u/ss.363 and
354 IPC and s.8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 – Prayer of appellant for suspension of execution of sentence declined by High Court –Appellant pleaded before Supreme Court that the High Court had taken too strict and stern view of the matter and failed to appreciate that the maximum sentence of imprisonment awarded in the matter was of three years – Held: The High Court, while referring to the basis of conviction of the appellant, did not make any comment as regards the fact that the maximum sentence of imprisonment is of three years and that the hearing of appeal is likely to take time – On the contrary, in the concluding part of the order impugned, the High Court ordered that the appeal be listed for hearing ‘in due course’ – If the appeal remains pending in due course and the appellant by that time serves out the sentence of imprisonment, and then, if there be any possibility of his acquittal or any modification of the conviction/sentence, the injury suffered by him would be practically irreparable – These aspects, in the given set of facts and circumstances of the present case, are themselves compelling reasons for suspension of execution of sentence during the pendency of appeal – There does not appear any other adverse reason to deny the relief to the appellant, like any criminal antecedents before the incident in question or any blame in the jail conduct – In the overall circumstances, execution of the remaining part of the sentence awarded to the appellant is ordered to be suspended during the pendency of appeal in the High Court; and he is ordered to be released on bail on such terms and conditions as may be imposed by the Trial Court – Bail – IPC – ss.363 and 354 – Protection of Children from Sexual Offences (POCSO) Act, 2012 – s.8.
Preet Pal Singh v. State of U.P. & Anr., (2020) 8 SCC
645 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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