Neutral Citation No. ( 2025:HHC:8678 ) 1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP No. 204 of 2025 in Criminal Appeal No. 103 of 2023 Reserved on 28.03.2025 Decided on: 02.04.2025 ____________________________________________________ Baldev Singh @ Appu …..Applicant/Appellant. Versus State of Himachal Pradesh ……Non-applicant/Respondent. ____________________________________________________ Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon'ble Mr. Justice Sushil Kukreja, Judge. 1 Whether approved for reporting? No. _____________________________________________________ For the applicant: Mr. Loveneesh Singh Thakur, Advocate. For the non-applicant/State: Mr. Ramakant Sharma, Additional Advocate General with Mr. Raj Negi, Deputy Advocate General. Sushil Kukreja, Judge. This order shall dispose of an application filed by the applicant/appellant under Section 430 read with Section 479 of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’) seeking suspension of sentence awarded by learned Special Judge, Fast Track Court (POCSO), Mandi, District Mandi, H.P., vide judgment of conviction and order of sentence dated 28.03.2022, in Sessions 1 Whether reporters of Local Papers may be allowed to see the judgment? Neutral Citation No. ( 2025:HHC:8678 ) 2 Trial No. 59 of 2017, whereby for the commission of offence punishable under Section 376 read with Section 511 of the Indian Penal Code (for short ‘IPC’) the applicant/appellant was ordered to undergo rigorous imprisonment for ten years and to pay fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months. The applicant/appellant was also convicted under Section 8 of the Prevention of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and sentenced to undergo simple imprisonment for five years and to pay fine of Rs.5,000/- and in default of payment of fine to further undergo simple imprisonment for three months. 2. The learned counsel for the applicant/appellant contended that the applicant, as on 25.03.2025, had undergone total sentence of eight years, five months and ten days, as against the total sentence of ten years. He further contended that the appeal is likely to take considerable time for its disposal, as such, the instant application may be allowed and the applicant, be released on bail during the pendency of the instant appeal. 3. On the other hand, learned Additional Advocate General contended that the applicant/appellant is not entitled to be released on bail during the pendency of the present appeal, as he has been convicted in a serious offence. Neutral Citation No. ( 2025:HHC:8678 ) 3 4. We have heard the learned counsel for the applicant/appellant as well as learned Additional Advocate General and have also gone through the material available on record. 5. The instant appeal is of the year 2023 and the same is not likely to be decided in near future and there is also nothing on record to suggest that the delay in deciding the appeal is attributable to the applicant/appellant. Moreover, the applicant was on bail during the trial and he never misused the liberty. Therefore, in view of the facts and circumstances of the case, since the applicant has already undergone almost eight years, five months and ten days’ sentence against the total imposed sentence of ten years by the learned Trial Court, the substantive sentence imposed upon the applicant by the Trial Court, vide judgment of conviction and order of sentence dated 28.03.2022, passed by learned Special Judge, Fast Track Court (POCSO), Mandi, H.P., shall remain suspended, till final disposal of the appeal, however, subject to the applicant’s furnishing personal bonds in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of learned Trial Court and also subject to the deposit of the fine amount, if not, already deposited. On furnishing the requisite bail bonds and on depositing the fine amount, he be released forthwith, however, with the undertaking to appear before this Court as and Neutral Citation No. ( 2025:HHC:8678 ) 4 when directed and in the event of the dismissal of the appeal, the applicant/appellant will surrender before the Court. ( Tarlok Singh Chauhan ) Judge ( Sushil Kukreja ) Judge 2nd April, 2025 (virender)