Sikkim High Court
Muzaffar Hussain Alias Babu vs State Of Sikkim on 25 August, 2025
Author: Bhaskar Raj Pradhan
Bench: Bhaskar Raj Pradhan
Court No.3
HIGH COURT OF SIKKIM
Record of proceedings
CRL.A. No.13 of 2025
MUZAFFAR HUSSAIN ALIAS BABU ....... APPLICANT
VERSUS
STATE OF SIKKIM ....... RESPONDENT
Date: 25.08.2025
CORAM :
HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.
For Applicant : Mr. Rahul Rathi, Advocate.
Ms. Rupa Agarwal, Advocate.
For Respondent : Ms. Pema Bhutia, Assistant Public
Prosecutor.
............
1. The applicant was convicted vide Judgment dated
25.03.2025 and sentenced vide Order on Sentence dated
26.03.2025 under Section 7 punishable under Section 8 of the
Protection of Children and Sexual Offences Act, 2012 (POCSO
Act) with rigorous imprisonment for a term of three years and to
pay a fine of Rs.2000/-; and further under Section 11(iv)
punishable under section 12 of the POCSO Act for rigorous
imprisonment for a term of one year and fine of Rs.2000/-.
2. The applicant is aggrieved by the Judgment and Order on
Sentence and has preferred the accompanying appeal which is
pending consideration before this Court since 25.04.2025.
3. Along with the appeal, the applicant has also moved the
application under Section 389 (1) of the Code of Criminal
Procedure, 1973 (Cr.P.C.) praying for suspension of sentence and
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grant of bail. This application was filed on 25.04.2025. No
written response has been filed by the State.
4. The learned counsel for the applicant submits that the
applicant was arrested on 22.02.2023 and later released on bail
by the learned Special Judge, (POCSO Act, 2012), Gangtok (the
learned Special Judge) vide order dated 19.10.2023. Thereafter,
he remained on bail until his conviction, thereby having
undergone incarceration for a period of 392 days. The applicant
has been on bail since 19.10.2023 for 17 months.
5. It is his submissions that during the entire period when he
was on bail he did not jump bail and abided by the conditions
imposed therein. It is submitted that the maximum period of
conviction is three years out of which he has already served 392
days. In such circumstances he seeks suspension of sentence
and bail.
6. The learned Assistant Public Prosecutor vehemently object
to the grant of bail or the suspension of sentence on the ground
that the applicant has also been convicted under the provisions
of the POCSO Act for offences committed against a minor. The
learned Assistant Public Prosecutor also draws the attention of
this Court to the fact that the applicant is not from this State
and it may be difficult to secure his presence during the
pendency of the appeal or at the time of judgment. The learned
counsel for the applicant rejoins on this aspect and submits that
the applicant is married to a local resident and during the entire
period when he was on bail he has been abiding all the
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conditions imposed and has not misused the liberty granted to
him.
7. Additionally in the application the applicant states that he
is the only earning member of his family comprising of his aged
parents, wife and two children. It is statd that the applicant is a
mason by profession and is a daily wage earner running his
livelihood by earning on a daily basis and due to his
incarceration his family members are facing hardships. It is also
submitted that he is not a habitual offender and has no criminal
records.
8. The arrest memo which has been filed along with the
application records the observation of the police through known
police records. It records that he is not dangerous; not generally
armed; does not have past criminal records; he is unlikely to
escape bail; he is not wanted in any other case; he has not
previously escaped any bail; he does not operate with accomplice;
he is not a recidivist. The learned Assistant Public Prosecutor
does not contend otherwise.
9. Considering the entirety of the facts and circumstances of
the case, this Court is of the view that the applicant's conviction
and sentence may not be suspended but he is entitled to bail.
Accordingly, bail is granted subject to the following:-
(i) The applicant shall not leave the State of Sikkim or
travel beyond the boundaries of the Gangtok District
where he presently resides and works for gain without
the leave of the learned Special Judge, Gangtok.
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(ii) He shall appear before this Court for judgment in the
present appeal or as and when required to appear by
this Court during the hearing of the appeal.
(iii) He shall not contact or approach the victim or her
relatives directly or indirectly.
(iv) He shall furnish reliable surety to the satisfaction of
the learned Special Judge.
(v) For the purpose of (iv) above he shall appear on
27.08.2025 before the learned Special Judge as
suggested by the learned counsel for the parties. As
the applicant is in custody let the jail authorities
produce the applicant before the learned Special
Judge as directed.
10. A copy of this order shall be sent by e-mail immediately on
preparation today to the jail authorities along with a copy to the
learned Special Judge, certified copies to follow in haste.
Accordingly, I.A. No. 01 of 2025 stands disposed.
Judge
Index: yes/No
to/ Internet: yes/No
