The court has the discretion to suspend a sentence pending appeal based on the circumstances of the case and the likelihood of the appeal taking time.

JUDGMENT

1. Heard learned counsel for the parties and perused the material available on record.

2. Learned counsel for the appellant has submitted that the trial court has grossly erred in convicting and sentencing the appellant vide impugned judgment for the offence under Section 363, 366A, 376(2)(N), 506 IPC, Section 3/4, 5L/6 of the POCSO Act and Section 3(1)(5) of the SC/ST (Prevention of Atrocities) Act. Learned counsel for the appellant has submitted that the prosecution has failed to prove the fact that on the day of incident, the victim was minor. It is also submitted that the so-called school record produced by the prosecution to prove the fact that the victim was minor on the date of incident is defective as there are certain interpolations in the school record.

3. Learned counsel has submitted that as a matter of fact, the victim and the appellant were in relation since the appellant used to visit the victim's house as being an employee of her uncle. It is further submitted that when the appellant demanded his due wages from the uncle and father of the victim, he was assaulted and when he proceeded to file a complaint against the family members of the victim, he has falsely been implicated in this case. Learned counsel has submitted that the appellant is in judicial custody from last more than two years and there is every likelihood that hearing of the appeal will take time, as such, the sentence awarded to the appellant by the trial court may be suspended.

4. Per contra, learned Public Prosecutor has vehemently opposed the application for suspension of sentence.

5. Having considered the overall facts and circumstances of the case, keeping in view the fact that hearing of the appeal is likely to take time, without commenting on the merits of the case, we are inclined to suspend the sentence awarded to the appellant.

6. Accordingly, the application for suspension of sentence is allowed and it is directed that the sentence awarded to appellant-Suresh Singh S/o Mangal Singh by the Special Judge, Protection of Children from Sexual Offences Act, 2005, No. 3, District Pali in Sessions Case No. 59/2020 by judgment dated 30.9.2021 shall remain suspended till final disposal of the appeal provided he executes a personal bond in the sum of Rs. 50,000/- along with two sound and solvent sureties in the sum of Rs. 25,000/- each to the satisfaction of the trial court for his appearance before this Court on 22.8.2022 and whenever called upon 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(s) to the trial court.

7. 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.