Criminal Appeal — Suspension of Sentence Pending Appeal — Section 430(1) BNSS — Fixed-term sentence — Likelihood of delay in disposal of appeal. (Paras 3–7) The appellant/accused was convicted by the Special Court under Section 9(m) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 and Section 354 IPC, and sentenced to five years’ rigorous imprisonment with fine. Pending appeal, he sought suspension of sentence. The Court considered that the sentence imposed was a fixed term of five years, the appeal may not be taken up in the near future, and the fine amount was already paid. Ratio Decidendi: Where a convict is awarded a fixed-term sentence and there is no likelihood of early hearing of the appeal, suspension of sentence pending appeal may be granted, subject to stringent conditions.

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Criminal Appeal — Suspension of Sentence Pending Appeal — Section 430(1) BNSS — Fixed-term sentence — Likelihood of delay in disposal of appeal. (Paras 3–7)

The appellant/accused was convicted by the Special Court under Section 9(m) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 and Section 354 IPC, and sentenced to five years’ rigorous imprisonment with fine. Pending appeal, he sought suspension of sentence.

The Court considered that the sentence imposed was a fixed term of five years, the appeal may not be taken up in the near future, and the fine amount was already paid.

Ratio Decidendi: Where a convict is awarded a fixed-term sentence and there is no likelihood of early hearing of the appeal, suspension of sentence pending appeal may be granted, subject to stringent conditions.

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Scope of Power to Suspend Sentence — Appellate Court’s Discretion — Balancing Liberty and Administration of Justice. (Paras 6–7)

The Additional Public Prosecutor opposed the application but filed no written objections. The Court weighed the duration of sentence, pendency of appeal, and absence of immediate listing.

Ratio Decidendi: Suspension of sentence pending appeal is a matter of judicial discretion to be exercised by balancing the seriousness of conviction with the right of the appellant to avoid serving substantial part of sentence before appeal is decided.

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Conditions for Suspension — Safeguards Against Misuse — Protection of Victim. (Para 7)

The Court imposed conditions including execution of personal bond with sureties, monthly appearance before trial Court, restriction on travel abroad, non-interference with victim, and liberty to prosecution to seek cancellation upon violation.

Ratio Decidendi: Suspension of sentence in POCSO convictions must be accompanied by strict supervisory conditions ensuring regular attendance, territorial restraint, and protection of victim from intimidation.

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Operative Directions

The sentence imposed in S.C. No. 92 of 2020 dated 28.10.2025 by the Special Judge for Speedy Trial of Offences under the Protection of Children from Sexual Offences Act, 2012, Vijayawada, was suspended during pendency of the appeal.

The appellant was directed to be enlarged on bail upon executing personal bond of Rs.20,000/- with two sureties for like sum each, subject to compliance with the conditions specified.

Prosecution was granted liberty to seek cancellation of bail in case of violation.

Matter directed to be listed in the last week of April, 2026, in usual course.