The Sikkim High Court has suspended the sentence of a 24-year-old man convicted under the Protection of Children from Sexual Offences (POCSO) Act and granted him bail pending appeal, observing that where a sentence is for a fixed term, the appellate court may ordinarily exercise its discretion to suspend its operation liberally, unless exceptional circumstances exist.

Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan observed that: “We notice that the learned Special Judge has sentenced the appellant for a fixed term of twenty years. It is settled law that if a sentence is for a fixed term, ordinarily, the appellate Court may exercise discretion to suspend the operation of the same liberally unless there are any exceptional circumstances.”

The applicant, Dev Limboo, was convicted by the Special Judge, POCSO, under Section 5(j)(ii), punishable under Section 6 of the POCSO Act, and sentenced to 20 years of rigorous imprisonment along with a fine of ₹50,000. He had remained on bail during the trial but was taken into custody following his conviction.

Challenging the conviction, he filed an appeal before the Sikkim High Court and sought suspension of sentence and bail under Section 430(1) of the BNSS. He contended that he and the victim were in a relationship, had married in 2023 and had a child together. He also submitted that he was 24 years old and needed to continue his college education. The State did not file its response despite being granted opportunities to do so.

The High Court observed that under Section 430(1) of the BNSS, an appellate court can suspend the execution of a sentence and grant bail pending appeal. It noted that the applicant had been sentenced to a fixed term of 20 years and that such sentences could ordinarily be suspended liberally unless exceptional circumstances existed.

The Court further noted that the State had failed to point out any exceptional circumstances warranting denial of bail. Taking into account the circumstances of the case and the applicant's desire to continue his education, the Bench suspended his sentence and granted him bail, subject to conditions including reporting to the jurisdictional police station once every fortnight and furnishing a bail bond of ₹10,000 with two sureties.

Date of Decision: 28.10.2026