The court may suspend a sentence if the accused is in custody and the appeal process is likely to take time, emphasizing the need for conditions to ensure appearance.

ORDER :

MANOJ KUMAR GARG, J.

1.Heard learned counsel for the appellant and learned Additional Advocate General. Perused the material available on record.

2.Learned counsel for the appellant submits that the Prosecutrix admitted in her statement recorded under Section 164 Cr.P.C. (Ex.4), that she went along with the appellant with her own free will and she was examined before the trial court as PW-1, in which she clearly mentioned that she resided with the appellant for about seven days and in her cross-examination also, she also admits that previous to this incident, she ran away along with the appellant with her own free will. He further submits that the accused-appellant is inside judicial custody and hearing of the appeal is likely to take some time, therefore his sentence may be suspended.

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

4. Learned Additional Advocate General has opposed the prayer made by the counsel for the appellant.

5. Accordingly, the application for suspension of sentence filed under Section 430 BNSS (389 of Cr.P.C.) is allowed and it is ordered that the sentence passed by learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005, Dungarpur, vide judgment dated 11.12.2024 in Session Case No.97/2023 against the appellant-applicant– Hitesh S/o Kachra, 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.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 16.04.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, 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 in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.