01Facts
The applicant was convicted under Section 5(j)(ii), punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012, and sentenced to twenty years’ rigorous imprisonment, a fine of ₹50,000, and six months’ simple imprisonment in default.
p. 2He appealed and sought suspension of sentence and bail under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
p. 2He asserted that he and the victim had been in a relationship, had married, and had a child together; he also sought release to continue his studies.
pp. 2–3The appeal was admitted, but the State filed no response despite being given an opportunity to show cause against release.
p. 302Issues
i.1. Whether the appellant’s sentence should be suspended pending appeal and he released on bail under Section 430(1) of the BNSS.
pp. 3–4ii.2. If suspension and bail were warranted, what conditions should be imposed to secure the appellant’s compliance pending appeal.
p. 3, 503Law Applied
Section 430(1) of the BNSS empowers the appellate court, for reasons recorded in writing, to suspend execution of a sentence or order pending appeal and release a convicted person in confinement on bail or bond.
p. 3The Court stated that, where a sentence is for a fixed term, an appellate court may ordinarily exercise its discretion to suspend the sentence liberally, unless exceptional circumstances justify refusal.
p. 4No precedent was cited in the order.
Provisions in the judgment · 3 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 430
Protection of Children from Sexual Offences Act, 2012 Section 5Section 6
04Reasoning
The Court considered the fixed twenty-year sentence, the circumstances described by the Special Judge—including the relationship between the appellant and the victim and their child—and the appellant’s stated wish to continue his education.
pp. 4–5The State had identified no exceptional circumstance warranting refusal of suspension or bail.
p. 5On those circumstances, the Court concluded that suspension of the sentence and release on bail were appropriate pending determination of the appeal.
p. 5It imposed reporting and surety requirements to address the appellant’s compliance.
p. 505Holding
The Court allowed the application, suspended the sentence dated 25 May 2026, and released the appellant on bail pending appeal.
p. 5The appellant was required to report to the jurisdictional police station once every fortnight and furnish a ₹10,000 bail bond with two reliable sureties, one being his father.
p. 5The Court directed that copies of the order be sent to the Special Judge and Jail Superintendent.
p. 5Original Court PDF
Dev LimboovsState of Sikkim
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