Criminal Procedure Code, 1973
Section 389—Suspension of sentence and release on bail—Rejection of application by High Court—Appeal—Appellant was convicted for commission of offence punishable under Sections 354A/354D of the IPC and Sections 9/10 of the POCSO Act—Appellant has been behind bars for two years and eight months as on date i.e. for more than half of the prison term imposed by the trial court—Right to appeal is a statutory right conferred by the CrPC—Having regard to the immense burden on Judges of the High Court hearing criminal appeals, any early decision on the appeal filed by the appellant does not seem to be a real possibility—Should relief claimed be not granted and the appellant made to suffer incarceration further and the prison term also gets over, justice could turn out to be illusory for him in the event the High Court, in future, were to reverse the conviction and set aside the same together with sentence—Appellant has made out sufficient ground for suspension of sentence and consequent release on bail, during the pendency of the appeal before the High Court—Appeal allowed.
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