Order

1. The instant application under Section 430 of BNSS seeking temporary suspension of sentence has been preferred on behalf of the appellant-applicant, who has been convicted by the learned Special Judge, POCSO Act Cases, Balotra vide judgment dated 16.11.2022 passed in Sessions Case No.115/2018 for the offences under Sections 376(f)(i)(n) of IPC, 3/4, 5(l)(n)/6 & 13/14 of POCSO Act, 506 of IPC and Sections 67 & 67-A of the IT Act.

2. Learned counsel for the appellant-applicant submits that the marriage of niece of the appellant-applicant is scheduled to be solemnized shortly and his presence is required for performing customary obligations including “Mayra Bhat” and for making necessary arrangements of the marriage. It is, therefore, prayed that the sentence of the appellant-applicant may be temporarily suspended.

3. Learned Public Prosecutor has opposed the application for temporary suspension of sentence.

4. I have heard learned counsel for the appellant-applicant and learned Public Prosecutor and have gone through the material available on record including the marriage invitation card.

5. Considering the fact that the marriage of niece of the appellant-applicant is scheduled to be solemnized on 21.04.2026 and all the marriage functions and customs including “Mayra Bhat” are to be performed by the appellant-applicant, and further taking note of the fact that the parents of the niece are old aged and there is no other competent family member to make necessary arrangements of the marriage, this Court deems it appropriate to grant temporary suspension of sentence for a limited period on humanitarian grounds.

6. Accordingly, the instant application for temporary suspension of sentence is allowed. The sentence awarded to the appellant- applicant Devilal S/o Dungar Ram by the learned Special Judge, POCSO Act Cases, Balotra in Sessions Case No.115/2018 vide judgment dated 16.11.2022 shall remain suspended for a period of 20 days from the date of his actual release upon his furnishing a personal bond in the sum of Rs.50,000/- and two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the trial court. The appellant-applicant shall surrender before the concerned authority of the Central Jail, Jodhpur in the morning of the next day after completion of the period of temporary bail.