Order

08/02/2023 Heard learned counsel for the accused-appellant and learned public prosecutor on the application for suspension of sentence and perused the judgment impugned dated 12.01.2023 passed by Special Judge, POCSO Cases and Children Rights Protection Comission Act, No.2, Jhalawar(Raj.) in Sessions Case No. 45/2021 whereby the accused-appellant has been convicted for the offence punishable under sections 356 IPC read with section 7/8 of POCSO Act and has been sentenced with maximum of three years imprisonment along with fine of Rs. 2000/- and under section 3(1)(C), 3(1)(L), 3(I)(W)(i), 3(I) (W) (ii) SC/ST Act and has been sentenced with maximum of three years imprisonment along with fine of Rs. 5000/- .

Learned counsel for the accused-appellants submits that the trial court has grossly erred in convicting and sentencing the accused-appellant. It is submitted on behalf of the appellants that a false case has been foisted against them. Learned counsel further submits that the sentence has already been suspended by the learned trial court by exercising power under Section 389(1) of Cr.P.C. The accused appellants were on bail during trial and they have not misused the liberty granted in their favour. Hearing of the appeal would likely to take long time. They are willing and ready to furnish bail bonds for their release. Therefore, the application for suspension of sentence may be granted and the sentence awarded may be suspended.

Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the accused-appellant.

Considering the overall submissions of the parties and looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by Special Judge, POCSO Cases and Children Rights Protection Comission Act, No.2, Jhalawar(Raj.) in Sessions Case No. 45/2021 vide judgment dated 12.01.2023 against the appellant-applicant- Sampatraj S/o Kalulal, 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.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 8.03.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his 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.

(FARJAND ALI),J

Anu/62/