1.Rule. Learned APP waives service of notice of Rule for the respondent – State.

2.By way of the present application under Section 389 of the Code of Criminal Procedure, 1973 , the appellant is seeking suspension of sentence and release on regular bail during pendency of the appeal against the judgment and order of conviction dated 12.04.2019 passed in Special (POCSO) Case No.10 of 2017 by the learned Special Judge and Additional Sessions Judge, District Devbhoomi Dwarka @ Khambhaliya, whereby, the applicant was sentenced to rigorous imprisonment of 10 years and fine of Rs.10000/- and in default, simple imprisonment of 2 years for the offence punishable under Section 376(1) of the IPC.

3.Learned advocate Mr.Nirad Buch for the applicant submits that the applicant has been sentenced for a fixed period of 10 years and the applicant has already completed more than half of the awarded sentence i.e. substantial period of 6 years, 9 months and 12 days in jail and the application may be considered in light of the decisions of the Apex Court in the case of Saudan Singh Vs. State of Chhatisgarh passed in Special Leave to Appeal (Crl) No. 4633 of 2021 and also in the case of Atul @ Ashu