(1.) Heard learned counsel for the appellant and learned public prosecutor on application of suspension of sentence.
(2.) Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, including the fact that accused-appellant inside the jail more than three years. This court is of the opinion that it is a fit case for suspending the sentence 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 sentences passed by the Learned Special Judge POCSO Act Cases, Dungarpur (Raj.) vide judgment dtd. 20/8/2018 in Criminal Case No. 69/2015 (CIS No. 59/2017) against the appellant-applicant Bharat Kotwal Thakore S/o Jawan Bhai shall remain suspended till final disposal of the aforesaid appeal and he will be released on bail, provided he execute a personal bond in the sum of Rs.1,00,000.00 with two sureties of Rs.50,000.00 each to the satisfaction of the learned trial Judge for his appearance in this court on 05/03/2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-