Hon'ble Om Prakash Shukla,J.

(1) Heard Shri Shachindra Pratap Singh, learned counsel for the petitioner and Shri Raj Kumar Singh, learned counsel for the respondent Nos.1 to 9.

(2) This is a writ petition challenging the order dated 11.10.2023 passed by learned Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter referred to as "Tribunal") rejecting the application for bail (M.A. No.70 of 2023) filed along with Original Application No.466 of 2020 : Tirath Ram vs. Union of India and others .

(3) The O.A. No.466 of 2020 has been filed challenging the decision of the General Court Martial dated 14.05.2022 convicting the petitioner herein inter alia for the offence under Section 10 of Protection of Children from Sexual Offences Act, 2012 read with Section 69 of the Army Act, 1950 and sentencing him to undergo rigorous imprisonment of five years and has also dismissed him from service.

(4) The appellant has remained in house arrest since 21.03.2022 till date i.e. for a period of two years, one month and twenty four days. He had moved an application for enlargement on bail which has been rejected by the impugned order, hence, this writ petition.

(5) The bail application was filed after his conviction which has been rejected and now this writ petition for enlargement on bail has also been filed after his conviction. The parameters for considering a bail of an under trial and that of a convict are different in the sense that in the case of a convict there is a judgment of conviction of the petitioner.

(6) The main contention of the petitioner's counsel is that :-