JUDGMENT

1. This petition has been filed by the petitioner, who is in jail under Section 389(1) of Cr.P.C. praying for releasing him on bail by suspending the sentence dated 19.10.2018 pending criminal appeal.

2. By the judgment dated 16.10.2018, the learned Special Judge (POCSO), Imphal West, convicted the petitioner under Section 6 of the POCSO Act, 2012 and by the order dated 19.10.2018, he was sentenced to undergo 20 years rigorous imprisonment and to pay fine of Rs.30,000/-, in default to undergo 6 months simple imprisonment.

3. The petitioner has preferred jail appeal. Along with the appeal, he has filed the present petition seeking to suspend the sentence stating that during the course of trial, the learned trial Judge had violated the mandatory provision provided in Section 35(2) of the POCSO Act, 2012 and the petitioner was wrongly implicated by the complainant in view of the earlier enmity.

4. The learned counsel for the petitioner submitted that the petitioner is a patient who has been suffering from failure of right kidney, calculi on the gall bladder, spinal cord problem and other serious bodily injuries, which were made caused from the shot with gun on different parts of