The court has the discretion to suspend sentences under Section 389 Cr.P.C. pending the appeal, based on the entirety of facts and circumstances.

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the applicant, learned Public Prosecutor. Perused the material available on record.

2. The appellant applicant herein stands convicted for the offences under Sections 341 and 354 IPC read with Section 7/8 of the POCSO Act vide judgment dated 21.11.2019 passed by the learned Special Judge, POCSO Act, Balotra in Sessions Case No.105/2018 and has been sentenced to maximum imprisonment of three years RI.

3. The sentence awarded to the appellant has already been suspended by the trial court for a period of one month. Hearing of the appeal is likely to consume time.

4. In this background and having regard to the entirety of facts and circumstances as emerging from record, without commenting on the merits of the case, I am inclined to accept this application for suspension of sentences.

5. Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, POCSO Act Balotra vide judgment dated 21.11.2019 in Sessions Case No.105/2018 against the appellant-applicant Khinya Ram shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.80,000/- with two sureties of Rs.40,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.01.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

5. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.