The Sikkim High Court has suspended a 20-year prison sentence imposed on a man convicted under the POCSO Act and granted him bail while his criminal appeal remains pending. The Court considered the fixed-term sentence, circumstances recorded in the trial judgment and the appellant's request to continue his education.
Background
The applicant, Dev Limboo, had been convicted by the Special Judge, POCSO, under Section 5(j)(ii), punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012. The trial court had sentenced him to 20 years of rigorous imprisonment, imposed a fine of ₹50,000 and ordered six months of additional imprisonment in default of payment.
His counsel submitted that Limboo and the victim had been in a relationship, married in 2023 and subsequently had a child. The applicant also argued that the prosecution case raised grounds for reconsideration in the pending appeal.
A Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan considered the application under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The Bench noted that the State had been given opportunities to oppose the application but had not filed any written response.
While considering the request, the Court observed:
"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 Court also considered the applicant's age and his request to continue his college education and appear for his bachelor's degree examinations.
It further observed:
"The appeal is under consideration. The State respondent has not pointed out any exceptional circumstance emerging from the record to decline the suspension of sentence and grant of bail."
The High Court suspended the sentence dated May 25, 2026, and granted bail to Dev Limboo pending disposal of his appeal.
The Court directed him to report to the jurisdictional police station once every fortnight. He must also furnish a bail bond of ₹10,000 with two reliable sureties, one of whom must be his father.
Accordingly, the application was allowed and disposed of.
Case Details
Case Title: Dev Limboo v. State of Sikkim
Case Number: I.A. No. 2 of 2026 in Crl. A. No. 21 of 2026
Judges: Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan
Decision Date: 28 October 2026
