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Judgment
Heard on the question of admission.
The Appeal seems to be arguable, hence, admitted for final hearing. Heard on I.A.No.5774/2020, which is first application for suspension of sentence on behalf of appellant-Namechand. The appellant h a s been convicted b y the trial Court vide impugned judgment dated 16.03.2020 for offence under section 354 and 323 of I.P.C. and sentenced to undergo rigorous imprisonment for a period of 3 years with fine of Rs.2,000/- and simple imprisonment for two years with fine of Rs.1,000/- respectively. He has also been convicted Under Section 7/8 of POCSO Act and sentenced to undergo rigorous imprisonment for a period of three years with a fine of Rs.2,000/-.
As per prosecution story, the appellant wants to marry with the prosecutrix and on 24/01/2018 he committed crime with the prosecutix who is aged about 17 years.
Learned counsel for the appellant/applicant submitted that the appellant was in custody during trial and is also in custody since the date of impugned judgment dated 16.03.2020. It is also submitted that due to Covid-19 era, the final disposal of present appeal would take considerable time.
Learned Panel Lawyer has opposed the prayer.
Considering the facts a n d circumstances o f t h e c as e a n d without commenting on merits of the case, the application for suspension of sentence is allowed. The remaining jail sentence of Appellant is suspended.
Appellant-Namechand b e released o n bail o n his furnishing bail bond of Rs.30,000/- with one solvent surety in the like amount to the satisfaction of appear before the trial Court on 22.12.2020 and on all subsequent dates as may be directed in this regard.
I.A.No.5774/2020 is allowed.
List for final hearing in due course.