IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 111 OF 2023
(Arising out of SLP (Criminal) No. 693 of 2023)
(Arising out of SLP (Criminal) Diary No. 34960 of 2022)
JOY RAJENDRAN Appellant (s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
O R D E R
Heard learned counsel.
Delay condoned.
Leave granted.
By the impugned order, the High Court has rejected the application filed by the appellant seeking suspension of sentence and grant of bail during the pendency of the criminal appeal filed by the appellant. We notice that the appeal is of the year 2021.
It is not in dispute that the appellant stands convicted and sentenced to effectively 10 years of imprisonment. The sentences which have been imposed have been directed to run concurrently. It is no doubt true that the appellant has been found guilty of offences under Sections 377, 506II, 354A of the Indian Penal Code, 1860,
Section 8 of Protection of Children from Sexual Offences
Act, 2012 and Section 7 r/w Section 8 of POCSO, Section 9(d) (f)(i)(l)(m)(o)(p) r/w Section 10 of POCSO and Section
1 CRIMINAL APPEAL NO. 111 OF 2023
(@ SLP (Criminal) No. 693/ 2023)(@ SLP (Criminal) D No. 34960/ 2022) 11(iii) r/w Section 12 of POCSO.
It is not in dispute that the appellant has undergone sentence of over 08 years out of 10 years. In such circumstances, we would think that denial of interim relief would result in the appeal being pending and the sentence being undergone, even that there is no prospect of the appeal being heard.
We would think that, in the circumstances, interest of justice do require that the sentence must be suspended and he should be released on bail. The appeal is allowed, impugned order is set aside and the appellant shall be released on bail subject to such conditions as may be fixed
by the trial Court. ……….J.
[ K.M. JOSEPH ] ………., J.
[ B.V. NAGARATHNA ]
New Delhi;
January 13, 2023.
2 CRIMINAL APPEAL NO. 111 OF 2023
(@ SLP (Criminal) No. 693/ 2023)(@ SLP (Criminal) D No. 34960/ 2022)
ITEM NO.36 COURT NO.3 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 34960/2022
(Arising out of impugned final judgment and order dated 24-02-2022 in IA No. 2725/2021 in Criminal Appeal No. 261/2021 passed by the High Court of Judicature at Bombay)
JOY RAJENDRAN Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
(With IA No. 187070/2022 – CONDONATION OF DELAY IN FILING and IA No. 187071/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 187072/2022 – EXEMPTION FROM FILING O.T.)
Date : 13-01-2023 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE K.M. JOSEPH
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s)
Ms. Sana Raees Khan, Adv.
. Dhawesh Pahuja, Adv.
Mr. Sandeep Singh, AOR
For Respondent(s)
Mr. Aaditya Aniruddha Pande, AOR
Mr. Siddharth Dharmadhikari, Adv.
Mr. Bharat Bagla, Adv.
Ms. Kirti Dadheech, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Leave granted.
The appeal is allowed in terms of the signed order
concluding as follows:
We would think that, in the circumstances, interest of justice do require that the sentence must be suspended and he should be released on bail. The appeal is allowed, impugned order is set aside and the 3
CRIMINAL APPEAL NO. 111 OF 2023
(@ SLP (Criminal) No. 693/ 2023)(@ SLP (Criminal) D No. 34960/ 2022) appellant shall be released on bail subject to such conditions as may be fixed by the trial Court.
Pending applications stand disposed of.
(NIDHI AHUJA) (RENU KAPOOR)
AR-cum-PS ASSISTANT REGISTRAR
[Signed order is placed on the file.]
4