The court has the discretion to suspend the sentence under Section 389 Cr.P.C. based on the facts and circumstances of the case.

JUDGMENT

1. Heard.

2. Admit.

3. Heard learned counsel for the revisionist/petitioner and learned public prosecutor on application for suspension of sentence No. 11/2019.

4. Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, including the fact that appellant was on bail during the trial this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

5. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge (Protection of Children from Sexual Office Act 2012), Balotra, vide judgment dated 14.12.2018 in Session Case No. 84/2018(123/2017) against the appellant-applicant Rasool Khan S/o Shri Gaffur Khan shall remain suspended till final disposal of the aforesaid appeal and he will be released on bail, provided he executes a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 08/02/2019 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.

6. 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.