(1.) Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.
(2.) Taking into account the facts and circumstances of the case as also the fact that the appellant was on bail during the trial, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused-appellant.
(3.) Accordingly, the application for suspension of sentence filed under Sec. 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Special Judge (POCSO Act Cases), Dungarpur vide judgment dtd. 29/11/2018 in Sessions Case No. 119/2018 against the petitioner-appellant Hurma Son of Mithiya Kanipa 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.50,000.00 with two sureties of Rs.25,000.00 each to the satisfaction of the learned trial Judge for his appearance in this court on 21/2/2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-