(1.) Heard.
(2.) Pending the criminal appeal No. 757 of 2019, preferred against the judgment and order of conviction dated 4.7.2019 passed by the Special Judge, Beed in Special (POCSO) Case No. 15 of 2015 convicting thereby the applicant Tulshiram Mahada Nagargoje and sentencing him to suffer R.I. for five years and to pay fine of Rs.10,000/- i/d to suffer S.I. for two months for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act 2012, further sentencing him to suffer R.I. for two years and to pay fine of Rs.5,000/- i/d to suffer S.I. for one month for the offence punishable under Section 363 of I.P.C. and further sentencing him to suffer R.I. for two years and to pay fine of Rs.5,000/- i/d to suffer S.I. for one month for the offence punishable under Section 506 of I.P.C. the applicant has filed the present application for bail so also for suspension of substantive part of sentence during pendency of appeal.
(3.) Learned counsel for the applicant submits that the applicant was on bail during the course of trial. The applicant was convicted for the offence punishable under section 8 of the Protection of Children from Sexual Offences Act and sentenced to suffer R.I. for five years and to pay fine of Rs.10,000/- i/d to suffer S.I. for two months. Though the applicant is also convicted for the offences punishable under Sections 363 , 506 and 354A of I.P.C. the trial court has directed that the substantive part of sentence shall run concurrently. Learned counsel submits that the applicant has already deposited the fine amount before the trial Court. Learned counsel submits that as per the evidence of P.W.6 Dr. Amol Jogdand for the prosecution that though external injuries are found on the body of victim, on local examination of the victim no external injuries are found in genital area. Her hymen was intact. Learned counsel submits that thus considering entire aspects of the case, the application may be allowed.