ORDER : Farjand Ali, J. 1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 31.10.2023 passed by the learned Special Judge, POCSO Act, 2012 and Commissions of Protection of Child Rights Act, 2005 No.2, District Udaipur in Special Sessions Case No.62/2022 whereby he was convicted and sentenced to suffer maximum imprisonment of 20 Years RI under Section 6 of POCSO Act along with a fine of Rs. 1,00,000/- and lesser punishment for the other offences under Sections 363 and 366 of IPC. 2. It is contended by the learned counsel for the appellant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted. 3. Per contra, learned public prosecutor has vehemently opposed the prayer made by learned counsel for the accused- applicant for releasing the appellant on application for suspension of sentence. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the petitioner fervently urges that the allegations as set out by the victim in the trial are not getting satisfaction from the circumstances appearing in this case. As per him, the manner in which she joined the association of the appellant and whereafter roamed at various places, used public roads and stayed at public places and had an occasion to meet with several persons but did not raise any hue and cry or sought assistance of anyone; making it abundantly clear that she was all over a consenting party. Neither she was coerced, nor lured, nor taken forcibly. As far as the question of her age is concerned, the learned counsel for the petitioner submits that though Ex.-P/10 has been tendered into evidence but the oral evidence given by her parents are creating some suspicion over the exact date of birth of the victim. Neither she was coerced, nor lured, nor taken forcibly. As far as the question of her age is concerned, the learned counsel for the petitioner submits that though Ex.-P/10 has been tendered into evidence but the oral evidence given by her parents are creating some suspicion over the exact date of birth of the victim. As per him, the school certificate is not a sacrosanct peace of evidence so as to determine the age of the victim rather in view of the availability of the oral evidence, her age is still questionable point and for which, further appreciation of evidence would be required. Considering the submissions and the fact that as per the prosecution, the victim is 17 years, five months and five days something and the surrounding circumstances indicating her willful association with the appellant and the fact that hearing of the appeal would likely to take a long time, persuading this Court to extend the benefit of bail to him since he has already been incarcerated in custody since 30.08.2022. 6. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned trial court, the details of which are provided in the first para of this order, against the appellant- applicant named above 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/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 09.05.2025 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 applicant 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(s), they will give in writing their changed address to the trial Court. 7. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was tried and convicted. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 7. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant 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 applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.