JITENDRAKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant praying for suspension of sentence imposed upon the applicant vide judgement and order dtd. 18/9/2021 passed in Special (POCSO) Case No. 234 of 2019 by learned Additional Sessions Judge and Special Judge (POCSO), Surat and also requested to enlarge the applicant on bail till the hearing and final disposal of the captioned Criminal Appeal.

(2.) It was submitted by learned advocate for the applicant that the applicant was released on temporary bail during the pendency of the appeal and he has never misused liberty granted to him. That, dispute is settled between the applicant and the original complainant out of the Court. Therefore, complainant or her family members including so-called victim have no objections if the applicant be released on bail during the pendency of this appeal. That, hearing of the Criminal Appeal will take long time and till then, judicial custody of the applicant would not be required. It was requested by learned advocate for the applicant to enlarge the applicant on bail till the hearing and final disposal of the captioned Criminal Appeal.

(3.) Learned APP for the respondent -State has strongly objected the submissions made by learned advocate for the applicant and submitted that trial Court has rightly convicted the present applicant as he has been involved in the serious offence and requested this Court to dismiss the present application. She has also produced jail remarks issued by Deputy Superintendent, Lajpore Central Jail (Surat) dtd. 13/3/2022. She also submits that at present applicant was released on temporary bail and he has to surrender before the jail authorities on 15/3/2022.