GANGTOK, India, Aug. 29 -- Sikkim High Court issued the following judgment/order on Aug. 25:
I.A. No.01/2025 1. The applicant was convicted vide Judgment dated 25.03.2025 and sentenced vide Order on Sentence dated 26.03.2025 under Section 7 punishable under Section 8 of the Protection of Children and Sexual Offences Act, 2012 (POCSO Act) with rigorous imprisonment for a term of three years and to pay a fine of Rs.2000/-; and further under Section 11(iv) punishable under section 12 of the POCSO Act for rigorous imprisonment for a term of one year and fine of Rs.2000/-.
2. The applicant is aggrieved by the Judgment and Order on Sentence and has preferred the accompanying appeal which is pending consideration before this Court since 25.04.2025.
3. Along with the appeal, the applicant has also moved the application under Section 389 (1) of the Code of Criminal Procedure, 1973 (Cr.P.C.) praying for suspension of sentence and grant of bail. This application was filed on 25.04.2025. No written response has been filed by the State.
4. The learned counsel for the applicant submits that the applicant was arrested on 22.02.2023 and later released on bail by the learned Special Judge, (POCSO Act, 2012), Gangtok (the learned Special Judge) vide order dated 19.10.2023. Thereafter, he remained on bail until his conviction, thereby having undergone incarceration for a period of 392 days. The applicant has been on bail since 19.10.2023 for 17 months.
5. It is his submissions that during the entire period when he was on bail he did not jump bail and abided by the conditions imposed therein. It is submitted that the maximum period of conviction is three years out of which he has already served 392 days. In such circumstances he seeks suspension of sentence and bail.
Disclaimer: Curated by HT Syndication.
