JUDGMENT Dr. Pushpendra Singh Bhati, J. - In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. 2. Heard learned counsel for the parties. 3. Learned counsel for the applicant/appellant has drawn the attention of this court towards Exhibit D-2 which is statement of the girl, who is major, as per which, when she was recovered in pursuance of the missing person's report on 12.07.2016, she had deposed that she had gone with her friend (the present applicant/ appellant) after calling him on phone; she has also deposed that she was in mental tension, and therefore, she went with the present applicant/appellant. 4. Learned counsel for the applicant/appellant submits that Ex.D-5, D-6, D-7, D-8, D-9 & D-10 are intimate pictures of the prosecutrix and the present applicant/appellant. 5. Learned Public Prosecutor opposes the application. 6. Having considered the totality of facts and circumstances of the case and taking into consideration the aforementioned factual submissions made on behalf of the applicant/appellant, this Court deems it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant. 7. accordingly, this Suspension of Sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by learned trial court vide judgment dated 06.10.2021 in Sessions Case No.05/2017 (5/2017) against applicant/appellant- Pankaj Suthar S/o Mangilal Suthar shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 26.05.2022 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 8. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc.
3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 8. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- appellant was tried and convicted. a copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.