JUDGMENT :

B.N. KARIA, J.

1. By preferring this application, the applicant has prayed for the following relief(s):

"(A) This Hon'ble Court may be pleased to suspend the substantive sentence imposed on the applicant by the impugned judgment and orders dated 24.11.2020 passed in Special POCSO Case No. 225 of 2017 by Ld. Special Judge and 7th Additional Sessions Judge, Fast Track Special Court, Surat and the applicant may be released on bail pending hearing and final disposal of the appeal on his own bond."

2. Heard learned advocate for the applicant and learned APP for the respondent-State.

3. It is submitted by learned advocate for the applicant that the applicant is in judicial custody since 24.11.2020 i.e. since more than one year and he has undergone 18 months (6 months pending trial from 01.06.2017 to 28.11.2017) of sentence out of the total sentence of five years and hence, looking to the pendency of the cases, the captioned appeal is not likely to be taken up for final hearing in near future. It is further submitted that the applicant is a reputed Sports Teacher and has received various sports certificates and medals in his career and he has no criminal antecedents regarding any kind of offences. It is further submitted that the applicant was on bail during the pendency of the trial. It is further submitted that the appeal preferred by the applicant would take reasonable time for final hearing and till then, the impugned judgment and order of sentence passed by the Sessions Court requires to be suspended. Hence, it is requested by learned advocate for the applicant to allow this application.

4. Learned APP for the respondent-State has strongly objected the submissions made by learned advocate for the applicant and submitted that after recording the evidence of the prosecution witnesses, the Trial Court has come to the conclusion that the offence is committed by the present applicant. Referring the deposition of the victim, she has also supported the statement recorded under Section 164 of the Code of Criminal Procedure, 1973 during the investigation. Hence, it is requested by learned APP for the respondent-State to dismiss this application.

5. Having considered the facts of the case and averments made in the application as well as submissions made by learned advocate for the applicant and learned APP for the respondent-State and for the reasons shown by the applicant in the appeal preferred by the present applicant as well as the applicant was released on bail during the trial and after going through the depositions of the prosecution witnesses, no adverse is pointed out against the present applicant. It appears that the appeal preferred by the present applicant would take reasonable time for final disposal and the applicant was on bail and liberty granted to him was not misused by the applicant and no adverse was pointed out by the prosecution in respect of misusing the liberty granted to the applicant as he was on bail. It appears that applicant is in judicial custody since 24.11.2020 since last more than one year and he has undergone 18 months (6 months pending trial from 01.06.2017 to 28.11.2017) of sentence out of the total sentence of five years. It also appears that the applicant is serving as Sport Teacher in the school and has no criminal antecedent regarding any kind of offence. It also appears that the complaint was registered after a delay of almost two years from the date of alleged offence and no satisfactory explanation regarding delay was narrated by the complainant in the FIR. It appears from the testimony of Prosecution Witness No. 5-victim at Exh. 18 that he has not supported any of the four incidents narrated by the victim no. 1 i.e. P.W. No. 4. This Court is of the considered view that judicial custody of the present applicant would not require as the appeal preferred by the present applicant would take considerable period for final disposal. Accordingly, prayer sought for by the applicant in Para-11(A) sta