The court may suspend a sentence if the appellant is on bail during trial and there is no immediate hearing of the appeal, subject to compliance with certain conditions.

Order :

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

2. Counsel for the appellant submits that according to the statement of victim (PW-2), she went with the appellant out of her own free will and resided with him. Counsel submits that presently both the victim and the appellant are residing together. Moreover, the appellant was on bail during the trial and there is no chance of hearing of the appeal in near future. In these circumstances, it is prayed that the sentence of the appellant may be suspended and he may be released on bail.

3. Learned AAG and counsel for respondent No.2 have opposed the application for suspension of sentence.

4. 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 facts that the appellant was on bail during the trial and there is no chance of hearing of the appeal in near future, 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 of Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Special Sessions Judge, POCSO Act Cases, No.1, Bhilwara, vide judgment dated 17.10.2023 in Sessions Case No.51/2021 against the applicant Ali Ashraf Ansari @ Chhotan S/o Mohammad Muslim Aka Channu Ansari, 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 28.04.2025 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.