IA ORDER

(PER : HONOURABLE MS. JUSTICE S.V. PINTO)

1. By way of the present application under Section 389 of the Code of Criminal Procedure , 1973, the applicant - accused no. 3 is seeking suspension of sentence and release on regular bail during pendency of the present appeal against the judgment and order of conviction dated 23.07.2024 passed in Special POCSO Case No. 17/2022 by the learned Special (POCSO), Kalol, whereby, the present applicant – accused no. 3 was sentenced to seven years rigorous imprisonment and fine of Rs. 2,000/- and in default, three months simple imprisonment for the offence punishable under Section 363 of the IPC and seven years rigorous imprisonment and fine of Rs. 2,000/- and in default, three months simple imprisonment for the offence punishable under Section 354(a) and 354(b) read with Section 12 of the The Prevention of Children from Sexual Offences Act . The learned Trial Court was further pleased to order that both the sentences shall run concurrently.

2. Learned Advocate Mr. Jay Thakkar for the applicant submits that the applicant has been convicted for a fixed period of seven years and the applicant has a good prima facie case on merits to succeed i