JUDGMENT 1. - Heard learned counsel for the appellant and learned Public Prosecutor on application under Section 389 Cr.P.C. for suspension of sentence. 2. Learned counsel for the appellant states that learned Additional Sessions Judge has not found the appellants guilty under Section 376 I.P.C. He has been convicted only under Sections 354, 376/511 I.P.C and maximum sentence 5 years R.I. has been awarded to him. He further states that accused-appellant has remained in custody for more than 11 months. Accused-appellants has arguable case and hearing of the appeal will take time. Therefore, he prays that the sentence awarded to the accused-appellant may be suspended during the pendency of the appeal. 3. Learned Public Prosecutor opposed this application seeking suspension of sentence and states that from the evidence of prosecutrix, it is clear that accused has tried to commit rape on the prosecutrix and when she cried, her elder mother came there and accused ran away. He states that if mother of the prosecutrix did not come, accused may have committed rape on her. Therefore, looking to the facts and circumstances of the case, the sentence awarded to the accused-appellant may not be suspended. 4. I have considered the submissions advanced by learned counsel for the parties and also gone through the record of the case. This is only a case of attempt to commit rape. Accused-appellant has already remained in custody for 11 months. At this stage, without commenting on the merit of the case, looking to all the facts and circumstances of the case and taking into account the submission of the learned counsel for the appellants that accused-appellant has arguable case and hearing of the appeal will take time. I deem it just and proper to suspend the sentence awarded to the accused-appellant. 5. Accordingly, the application under Section 889 Cr.P.C. for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge (Fast Track) Jalore Camp-Bhinmal vide his judgment dated 8.2.2006 in Sessions Case No. 75/2005 (38/2005) against the accused-appellant Leela Ram S/o Ranchoda Ram shall remain suspended till the final disposal of aforesaid appeal provided he executes a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand only) along with two sureties in the sum of Rs. 20,000/- (Rupees twenty thousand only) along with two sureties in the sum of Rs. 10,000/- (Rupees ten thousand only) each to the satisfaction of the trial Court for his appearance in this Court on 3.10.2006 and whenever called upon to do so.Application allowed. *******