The court has the discretion to suspend sentences under Section 389 CrPC to prevent the frustration of the purpose of filing the appeal.

JUDGMENT

Sandeep Mehta, J. - This second application for suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellantapplicant Kishan Singh @ Kalu who has been convicted and sentenced for the offences under Section 452 IPC and Section 3/4 of the POCSO Act vide the judgment dated 12.12.2015 passed by learned Special Judge, POCSO Act Cases, Bhilwara in Sessions Case No.62/2014.

2. Heard learned counsel for the appellant-application, learned Public Prosecutor and perused the material available on record.

3. As per the arrest memo, the appellant was arrested in this case on 11.03.2014. The maximum sentence which has been awarded to the appellant by the trial court for the offence under Section 4 of the POCSO Act is ten years. The appeal has not been taken up for hearing even once and thus, there are bleak chances of the early disposal of the appeal. If the sentences awarded to the appellant are not suspended, the very purpose of filing of the appeal shall be frustrated.

4. In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that this is a fit case to enlarge the appellant-applicant on bail by suspending his sentences during the pendency of the appeal.

5. Accordingly, the instant second application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Special Judge, POCSO Act Cases, Bhilwara vide judgment dated 12.12.2015 in Sessions Case No.62/2014 against the appellant-applicant Kishan Singh @ Kalu S/o Shri Bahadur Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he shall furnish personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 06.09.2021 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.