In Saibaj Noormohammad Shaikh v/s State of Maharashtra & Another., the appellant, convicted under Sections 376-D (gang rape), 354 (assault or criminal force with intent to outrage modesty), and Section 4 of the POCSO Act (sexual assault of a child), was sentenced to 20 years of imprisonment along with fines. He appealed the dismissal of his Interim Application seeking suspension of his sentence and bail before the Bombay High Court. The appellant has already served over half of his sentence and claims a strong case for appeal. His co-accused was granted bail by the High Court, and he requested similar relief.

The Supreme Court considered the appellant's long detention, the fact that the co-accused was granted bail, and the appellant’s completion of more than half of his sentence. It concluded that the appellant should be granted bail, directing his release, while ensuring this does not delay the hearing of his appeal. Furthermore, the Court emphasized the necessity for courts to award victim compensation in such cases, particularly for minor victims, and issued directions to implement the victim compensation schemes effectively. The Court also recommended interim compensation for the victim in this case, and asked the High Court to address this matter at the earliest.

Code of Criminal Procedure, 1973