ORAL ORDER

ORDER IN CRIMINAL APPEAL:

Admit. Learned APP waives service of admission for and on behalf of the respondent State.

ORDER IN CRIMINAL MISC. APPLICATION:

1. By way of the present application under Section 389 of the Code of Criminal Procedure , 1973, the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal against the judgment and order of conviction dated 29.07.2024 passed in Special POCSO Case No. 1 of 2019 by th learned Sessions Judge, Anand, whereby, the present applicant - accused was sentenced to three years rigorous imprisonment and fine of Rs. 5,000/- and in default, three months simple imprisonment for the offence punishable under Section 354(a)(1)(2) of the IPC.

2. Learned Advocate Mr. Punam G. Gadhvi for the applicant submits that the applicant has been sentenced for a fixed period of three years and pursuant to the judgement and order of conviction, the applicant had filed an application at Exh. 80 for suspension of sentence and the same was allowed by the learned Trial Court and the execution of sentence has been suspended till the appeal period. That the applicant has paid the amount of fine and