Case Note & Summary
The applicant, Yogesh Subhash Sanap, was convicted in Special (Child) Sessions Case No. 334 of 2014 by the Special Judge, Pune, for offences under Section 354 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. He was sentenced to rigorous imprisonment for one year and a fine of Rs.1,000, with default imprisonment of one month. He filed Criminal Application No. 1418 of 2017 in the pending Criminal Appeal No. 856 of 2017 seeking suspension of the sentence and release on bail. The High Court noted that the sentence was short (one year) and the appeal, filed in 2017, was unlikely to be heard for several years due to the large pendency of old cases. The applicant had been on bail during the trial and had not violated any bail conditions. Considering these facts, the court found it a fit case to suspend the execution of sentence pending disposal of the appeal. The court allowed the application, suspended the sentence, and directed the applicant to furnish a fresh bail bond of Rs.15,000 with one or two solvent sureties to the satisfaction of the Special Judge, Pune. The applicant was also ordered not to interfere with the prosecution witnesses.
Headnote
A) Criminal Procedure - Suspension of Sentence Pending Appeal - Section 389 CrPC - Short Term Imprisonment - The applicant was convicted under Section 354 IPC and sentenced to one year rigorous imprisonment. The appeal was filed in 2017 and not likely to be heard for years due to pendency. The court held that rejection of the application would result in the applicant undergoing the sentence before the appeal is heard on merits, and thus suspended the sentence subject to bail conditions (Paras 3-7).
Issue of Consideration
Whether the execution of sentence should be suspended pending appeal when the sentence is short and the appeal is not likely to be heard soon due to pendency.
Final Decision
Criminal Application No. 1418 of 2017 is allowed. Execution of sentence imposed in Special Sessions Case No. 334 of 2014 vide judgment dated 8th September, 2017 is suspended till disposal of the appeal on merits, subject to the applicant furnishing fresh bail bond of Rs.15,000 with one or two solvent sureties to the satisfaction of Special Judge, Pune. The applicant shall not interfere with the prosecution witnesses.
Law Points
- Suspension of sentence pending appeal
- short term imprisonment
- pendency of cases
- bail conditions
